@jeremiahowen
26All information contained herein is for educational/informational/entertainment purposes only, and not to be construed as professional advice.
steemit.com/@jeremiahowenVOTING POWER100.00%
DOWNVOTE POWER100.00%
RESOURCE CREDITS100.00%
REPUTATION PROGRESS50.83%
Net Worth
0.164USD
STEEM
0.000STEEM
SBD
0.266SBD
Effective Power
5.007SP
├── Own SP
0.629SP
└── Incoming DelegationsDeleg
+4.377SP
Detailed Balance
| STEEM | ||
| balance | 0.000STEEM | STEEM |
| market_balance | 0.000STEEM | STEEM |
| savings_balance | 0.000STEEM | STEEM |
| reward_steem_balance | 0.000STEEM | STEEM |
| STEEM POWER | ||
| Own SP | 0.629SP | SP |
| Delegated Out | 0.000SP | SP |
| Delegation In | 4.377SP | SP |
| Effective Power | 5.007SP | SP |
| Reward SP (pending) | 0.048SP | SP |
| SBD | ||
| sbd_balance | 0.000SBD | SBD |
| sbd_conversions | 0.000SBD | SBD |
| sbd_market_balance | 0.000SBD | SBD |
| savings_sbd_balance | 0.000SBD | SBD |
| reward_sbd_balance | 0.266SBD | SBD |
{
"balance": "0.000 STEEM",
"savings_balance": "0.000 STEEM",
"reward_steem_balance": "0.000 STEEM",
"vesting_shares": "1023.641533 VESTS",
"delegated_vesting_shares": "0.000000 VESTS",
"received_vesting_shares": "7120.018273 VESTS",
"sbd_balance": "0.000 SBD",
"savings_sbd_balance": "0.000 SBD",
"reward_sbd_balance": "0.266 SBD",
"conversions": []
}Account Info
| name | jeremiahowen |
| id | 625818 |
| rank | 308,797 |
| reputation | 1138870701 |
| created | 2018-01-19T19:39:39 |
| recovery_account | steem |
| proxy | None |
| post_count | 45 |
| comment_count | 0 |
| lifetime_vote_count | 0 |
| witnesses_voted_for | 0 |
| last_post | 2018-02-05T20:13:48 |
| last_root_post | 2018-02-05T20:13:48 |
| last_vote_time | 2018-01-19T21:08:54 |
| proxied_vsf_votes | 0, 0, 0, 0 |
| can_vote | 1 |
| voting_power | 0 |
| delayed_votes | 0 |
| balance | 0.000 STEEM |
| savings_balance | 0.000 STEEM |
| sbd_balance | 0.000 SBD |
| savings_sbd_balance | 0.000 SBD |
| vesting_shares | 1023.641533 VESTS |
| delegated_vesting_shares | 0.000000 VESTS |
| received_vesting_shares | 7120.018273 VESTS |
| reward_vesting_balance | 98.234607 VESTS |
| vesting_balance | 0.000 STEEM |
| vesting_withdraw_rate | 0.000000 VESTS |
| next_vesting_withdrawal | 1969-12-31T23:59:59 |
| withdrawn | 0 |
| to_withdraw | 0 |
| withdraw_routes | 0 |
| savings_withdraw_requests | 0 |
| last_account_recovery | 1970-01-01T00:00:00 |
| reset_account | null |
| last_owner_update | 1970-01-01T00:00:00 |
| last_account_update | 2018-01-20T00:35:24 |
| mined | No |
| sbd_seconds | 0 |
| sbd_last_interest_payment | 1970-01-01T00:00:00 |
| savings_sbd_last_interest_payment | 1970-01-01T00:00:00 |
{
"active": {
"account_auths": [],
"key_auths": [
[
"STM7cKfhpybifcuLUZKSEMnNAFEftH9DMeDWYek3gn2UNJ5t4YmM9",
1
]
],
"weight_threshold": 1
},
"balance": "0.000 STEEM",
"can_vote": true,
"comment_count": 0,
"created": "2018-01-19T19:39:39",
"curation_rewards": 0,
"delegated_vesting_shares": "0.000000 VESTS",
"downvote_manabar": {
"current_mana": 2035914951,
"last_update_time": 1779068979
},
"guest_bloggers": [],
"id": 625818,
"json_metadata": "{\"profile\":{\"name\":\"Jeremiah Owen N.\",\"location\":\"United States\",\"about\":\"All information contained herein is for educational/informational/entertainment purposes only, and not to be construed as professional advice.\"}}",
"last_account_recovery": "1970-01-01T00:00:00",
"last_account_update": "2018-01-20T00:35:24",
"last_owner_update": "1970-01-01T00:00:00",
"last_post": "2018-02-05T20:13:48",
"last_root_post": "2018-02-05T20:13:48",
"last_vote_time": "2018-01-19T21:08:54",
"lifetime_vote_count": 0,
"market_history": [],
"memo_key": "STM81UdiAJJ5zaCJx3gkVVg216iJfQFFfECYW62RpcDt1XUyq79aZ",
"mined": false,
"name": "jeremiahowen",
"next_vesting_withdrawal": "1969-12-31T23:59:59",
"other_history": [],
"owner": {
"account_auths": [],
"key_auths": [
[
"STM7J9yJo3qrKrKg5UszuW6XyoTSQ8NGi5HzWZKZ6jVpDLy3k9CLZ",
1
]
],
"weight_threshold": 1
},
"pending_claimed_accounts": 0,
"post_bandwidth": 0,
"post_count": 45,
"post_history": [],
"posting": {
"account_auths": [],
"key_auths": [
[
"STM64KZ2Udd5zHLBq6dYpLDFS7Y5jTnDmf9ap2jQCCezoGkp6R9Nx",
1
]
],
"weight_threshold": 1
},
"posting_json_metadata": "{\"profile\":{\"name\":\"Jeremiah Owen N.\",\"location\":\"United States\",\"about\":\"All information contained herein is for educational/informational/entertainment purposes only, and not to be construed as professional advice.\"}}",
"posting_rewards": 94,
"proxied_vsf_votes": [
0,
0,
0,
0
],
"proxy": "",
"received_vesting_shares": "7120.018273 VESTS",
"recovery_account": "steem",
"reputation": 1138870701,
"reset_account": "null",
"reward_sbd_balance": "0.266 SBD",
"reward_steem_balance": "0.000 STEEM",
"reward_vesting_balance": "98.234607 VESTS",
"reward_vesting_steem": "0.048 STEEM",
"savings_balance": "0.000 STEEM",
"savings_sbd_balance": "0.000 SBD",
"savings_sbd_last_interest_payment": "1970-01-01T00:00:00",
"savings_sbd_seconds": "0",
"savings_sbd_seconds_last_update": "1970-01-01T00:00:00",
"savings_withdraw_requests": 0,
"sbd_balance": "0.000 SBD",
"sbd_last_interest_payment": "1970-01-01T00:00:00",
"sbd_seconds": "0",
"sbd_seconds_last_update": "1970-01-01T00:00:00",
"tags_usage": [],
"to_withdraw": 0,
"transfer_history": [],
"vesting_balance": "0.000 STEEM",
"vesting_shares": "1023.641533 VESTS",
"vesting_withdraw_rate": "0.000000 VESTS",
"vote_history": [],
"voting_manabar": {
"current_mana": "8143659806",
"last_update_time": 1779068979
},
"voting_power": 0,
"withdraw_routes": 0,
"withdrawn": 0,
"witness_votes": [],
"witnesses_voted_for": 0,
"rank": 308797
}Withdraw Routes
| Incoming | Outgoing |
|---|---|
Empty | Empty |
{
"incoming": [],
"outgoing": []
}From Date
To Date
steemdelegated 4.377 SP to @jeremiahowen2026/05/18 01:49:39
steemdelegated 4.377 SP to @jeremiahowen
2026/05/18 01:49:39
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 7120.018273 VESTS |
| Transaction Info | Block #106145327/Trx 4f6dedb8145390b1ce260213afb89fc0bdfd073b |
View Raw JSON Data
{
"block": 106145327,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "7120.018273 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2026-05-18T01:49:39",
"trx_id": "4f6dedb8145390b1ce260213afb89fc0bdfd073b",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 2.710 SP to @jeremiahowen2026/05/12 10:14:21
steemdelegated 2.710 SP to @jeremiahowen
2026/05/12 10:14:21
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 4407.807868 VESTS |
| Transaction Info | Block #105983374/Trx 35f4f805beee36c8d2019eb98a31748db33e03db |
View Raw JSON Data
{
"block": 105983374,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "4407.807868 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2026-05-12T10:14:21",
"trx_id": "35f4f805beee36c8d2019eb98a31748db33e03db",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 4.385 SP to @jeremiahowen2026/04/26 01:08:00
steemdelegated 4.385 SP to @jeremiahowen
2026/04/26 01:08:00
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 7132.534029 VESTS |
| Transaction Info | Block #105512934/Trx 6e1e80687447dc554bfa29380a010a3fc26819d7 |
View Raw JSON Data
{
"block": 105512934,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "7132.534029 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2026-04-26T01:08:00",
"trx_id": "6e1e80687447dc554bfa29380a010a3fc26819d7",
"trx_in_block": 3,
"virtual_op": 0
}steemdelegated 2.735 SP to @jeremiahowen2026/01/23 12:02:00
steemdelegated 2.735 SP to @jeremiahowen
2026/01/23 12:02:00
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 4449.354687 VESTS |
| Transaction Info | Block #102856883/Trx 2db99c1f1610f16b42bc1212101b4ed30be6f67c |
View Raw JSON Data
{
"block": 102856883,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "4449.354687 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2026-01-23T12:02:00",
"trx_id": "2db99c1f1610f16b42bc1212101b4ed30be6f67c",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 2.836 SP to @jeremiahowen2024/12/17 07:18:39
steemdelegated 2.836 SP to @jeremiahowen
2024/12/17 07:18:39
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 4613.573884 VESTS |
| Transaction Info | Block #91303232/Trx 4367558110c6d2f5d2ffc99375616312b1b9a38d |
View Raw JSON Data
{
"block": 91303232,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "4613.573884 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2024-12-17T07:18:39",
"trx_id": "4367558110c6d2f5d2ffc99375616312b1b9a38d",
"trx_in_block": 4,
"virtual_op": 0
}steemdelegated 2.940 SP to @jeremiahowen2023/11/13 23:00:57
steemdelegated 2.940 SP to @jeremiahowen
2023/11/13 23:00:57
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 4782.707416 VESTS |
| Transaction Info | Block #79857422/Trx c6ce47330852ffbe8eaf4a4d642a14814f1ed3d4 |
View Raw JSON Data
{
"block": 79857422,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "4782.707416 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2023-11-13T23:00:57",
"trx_id": "c6ce47330852ffbe8eaf4a4d642a14814f1ed3d4",
"trx_in_block": 8,
"virtual_op": 0
}steemdelegated 4.746 SP to @jeremiahowen2023/09/21 23:41:33
steemdelegated 4.746 SP to @jeremiahowen
2023/09/21 23:41:33
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 7719.986202 VESTS |
| Transaction Info | Block #78350059/Trx 6cc69aeaff46b8f12256d248c75774cc7ad600bc |
View Raw JSON Data
{
"block": 78350059,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "7719.986202 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2023-09-21T23:41:33",
"trx_id": "6cc69aeaff46b8f12256d248c75774cc7ad600bc",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 4.882 SP to @jeremiahowen2022/11/03 13:14:30
steemdelegated 4.882 SP to @jeremiahowen
2022/11/03 13:14:30
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 7941.667640 VESTS |
| Transaction Info | Block #69115098/Trx 8638e84ca58fa8d2ae39b37c923496d75672eef6 |
View Raw JSON Data
{
"block": 69115098,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "7941.667640 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2022-11-03T13:14:30",
"trx_id": "8638e84ca58fa8d2ae39b37c923496d75672eef6",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 5.018 SP to @jeremiahowen2022/01/17 12:22:36
steemdelegated 5.018 SP to @jeremiahowen
2022/01/17 12:22:36
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8162.200871 VESTS |
| Transaction Info | Block #60811110/Trx 01b19227a6c79467a951fb060003a1fe199754cd |
View Raw JSON Data
{
"block": 60811110,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8162.200871 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2022-01-17T12:22:36",
"trx_id": "01b19227a6c79467a951fb060003a1fe199754cd",
"trx_in_block": 3,
"virtual_op": 0
}steemdelegated 5.131 SP to @jeremiahowen2021/06/14 02:14:03
steemdelegated 5.131 SP to @jeremiahowen
2021/06/14 02:14:03
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8345.969529 VESTS |
| Transaction Info | Block #54609417/Trx 1a7a4636aca14f23393e2a31b8ba95263eed3b86 |
View Raw JSON Data
{
"block": 54609417,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8345.969529 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2021-06-14T02:14:03",
"trx_id": "1a7a4636aca14f23393e2a31b8ba95263eed3b86",
"trx_in_block": 8,
"virtual_op": 0
}steemdelegated 5.246 SP to @jeremiahowen2020/12/11 12:30:54
steemdelegated 5.246 SP to @jeremiahowen
2020/12/11 12:30:54
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8533.391503 VESTS |
| Transaction Info | Block #49356818/Trx 2d7482ead83099eb754a529f56809b4ef0b04c49 |
View Raw JSON Data
{
"block": 49356818,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8533.391503 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-12-11T12:30:54",
"trx_id": "2d7482ead83099eb754a529f56809b4ef0b04c49",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 1.176 SP to @jeremiahowen2020/12/06 06:07:42
steemdelegated 1.176 SP to @jeremiahowen
2020/12/06 06:07:42
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 1912.543513 VESTS |
| Transaction Info | Block #49208372/Trx 871f1a290435387f0a8003a0d8ab2b36438429c3 |
View Raw JSON Data
{
"block": 49208372,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "1912.543513 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-12-06T06:07:42",
"trx_id": "871f1a290435387f0a8003a0d8ab2b36438429c3",
"trx_in_block": 1,
"virtual_op": 0
}steemdelegated 5.250 SP to @jeremiahowen2020/12/05 16:09:09
steemdelegated 5.250 SP to @jeremiahowen
2020/12/05 16:09:09
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8539.599357 VESTS |
| Transaction Info | Block #49191917/Trx 663b344e6f8411b910829ef6da7e61ef7df5d3eb |
View Raw JSON Data
{
"block": 49191917,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8539.599357 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-12-05T16:09:09",
"trx_id": "663b344e6f8411b910829ef6da7e61ef7df5d3eb",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 1.180 SP to @jeremiahowen2020/11/02 18:30:36
steemdelegated 1.180 SP to @jeremiahowen
2020/11/02 18:30:36
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 1920.017158 VESTS |
| Transaction Info | Block #48261184/Trx dbdf0da30e4d0a498698ce4a8ea3267970766d81 |
View Raw JSON Data
{
"block": 48261184,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "1920.017158 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-11-02T18:30:36",
"trx_id": "dbdf0da30e4d0a498698ce4a8ea3267970766d81",
"trx_in_block": 0,
"virtual_op": 0
}steemdelegated 5.375 SP to @jeremiahowen2020/05/09 07:06:30
steemdelegated 5.375 SP to @jeremiahowen
2020/05/09 07:06:30
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8742.404716 VESTS |
| Transaction Info | Block #43218642/Trx 7093e2cc9594ff0407bd42d9f9d0618bdb4ac868 |
View Raw JSON Data
{
"block": 43218642,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8742.404716 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-05-09T07:06:30",
"trx_id": "7093e2cc9594ff0407bd42d9f9d0618bdb4ac868",
"trx_in_block": 18,
"virtual_op": 0
}steemdelegated 1.201 SP to @jeremiahowen2020/05/08 10:54:57
steemdelegated 1.201 SP to @jeremiahowen
2020/05/08 10:54:57
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 1953.311140 VESTS |
| Transaction Info | Block #43194977/Trx 1390b137686fcc08a158453605e1ea8ca613be2a |
View Raw JSON Data
{
"block": 43194977,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "1953.311140 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-05-08T10:54:57",
"trx_id": "1390b137686fcc08a158453605e1ea8ca613be2a",
"trx_in_block": 23,
"virtual_op": 0
}steemdelegated 5.383 SP to @jeremiahowen2020/04/16 00:47:00
steemdelegated 5.383 SP to @jeremiahowen
2020/04/16 00:47:00
| delegatee | jeremiahowen |
| delegator | steem |
| vesting shares | 8755.292164 VESTS |
| Transaction Info | Block #42566239/Trx 9bc54a34720588aeae749642197cfa65d80eeb6e |
View Raw JSON Data
{
"block": 42566239,
"op": [
"delegate_vesting_shares",
{
"delegatee": "jeremiahowen",
"delegator": "steem",
"vesting_shares": "8755.292164 VESTS"
}
],
"op_in_trx": 0,
"timestamp": "2020-04-16T00:47:00",
"trx_id": "9bc54a34720588aeae749642197cfa65d80eeb6e",
"trx_in_block": 29,
"virtual_op": 0
}2020/01/19 21:39:27
2020/01/19 21:39:27
| author | steemitboard |
| body | Congratulations @jeremiahowen! You received a personal award! <table><tr><td>https://steemitimages.com/70x70/http://steemitboard.com/@jeremiahowen/birthday2.png</td><td>Happy Birthday! - You are on the Steem blockchain for 2 years!</td></tr></table> <sub>_You can view [your badges on your Steem Board](https://steemitboard.com/@jeremiahowen) and compare to others on the [Steem Ranking](https://steemitboard.com/ranking/index.php?name=jeremiahowen)_</sub> ###### [Vote for @Steemitboard as a witness](https://v2.steemconnect.com/sign/account-witness-vote?witness=steemitboard&approve=1) to get one more award and increased upvotes! |
| json metadata | {"image":["https://steemitboard.com/img/notify.png"]} |
| parent author | jeremiahowen |
| parent permlink | an-american-perspective-domicile-residence |
| permlink | steemitboard-notify-jeremiahowen-20200119t213927000z |
| title | |
| Transaction Info | Block #40075672/Trx 4bbfe573c81ed3bdec706cbe62495bc443c2aa3f |
View Raw JSON Data
{
"block": 40075672,
"op": [
"comment",
{
"author": "steemitboard",
"body": "Congratulations @jeremiahowen! You received a personal award!\n\n<table><tr><td>https://steemitimages.com/70x70/http://steemitboard.com/@jeremiahowen/birthday2.png</td><td>Happy Birthday! - You are on the Steem blockchain for 2 years!</td></tr></table>\n\n<sub>_You can view [your badges on your Steem Board](https://steemitboard.com/@jeremiahowen) and compare to others on the [Steem Ranking](https://steemitboard.com/ranking/index.php?name=jeremiahowen)_</sub>\n\n\n###### [Vote for @Steemitboard as a witness](https://v2.steemconnect.com/sign/account-witness-vote?witness=steemitboard&approve=1) to get one more award and increased upvotes!",
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}steemdelegated 5.503 SP to @jeremiahowen2019/05/12 17:52:39
steemdelegated 5.503 SP to @jeremiahowen
2019/05/12 17:52:39
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2019/01/19 21:23:12
| author | steemitboard |
| body | Congratulations @jeremiahowen! You received a personal award! <table><tr><td>https://steemitimages.com/70x70/http://steemitboard.com/@jeremiahowen/birthday1.png</td><td><p>Happy Birthday! - You are on the Steem blockchain for 1 year!<p></td></tr></table> <sub>_[Click here to view your Board](https://steemitboard.com/@jeremiahowen)_</sub> > Support [SteemitBoard's project](https://steemit.com/@steemitboard)! **[Vote for its witness](https://v2.steemconnect.com/sign/account-witness-vote?witness=steemitboard&approve=1)** and **get one more award**! |
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}steemdelegated 5.626 SP to @jeremiahowen2018/05/16 21:56:54
steemdelegated 5.626 SP to @jeremiahowen
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}bilalshoonaupvoted (100.00%) @jeremiahowen / an-american-perspective-domicile-residence2018/02/06 12:29:24
bilalshoonaupvoted (100.00%) @jeremiahowen / an-american-perspective-domicile-residence
2018/02/06 12:29:24
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}jeremiahowenpublished a new post: an-american-perspective-domicile-residence2018/02/05 20:13:48
jeremiahowenpublished a new post: an-american-perspective-domicile-residence
2018/02/05 20:13:48
| author | jeremiahowen |
| body | §4. Domicile/Residence After the Unanimous Declaration of Independence, and before the adoption of the Constitution for the United States of America, the colonists of each state became Citizens of the State of which they resided, so long as they were engaged in a political relationship with their communities and State. There were only State Citizens; such citizens being separate political members of the several States united, operating within a confederacy between each other. After the ratification and adoption of the Constitution for the United States of America, there existed Citizens of the several States of the union and U.S. citizens, who were partaking in the offices of the newly formed national government. The People of the United States own the government and instituted the constitution for the United States of America to secure their rights. Citizenship, therefore, is a conduit of which the People can interact within their municipal, county, state and national governments to engage in the exercise of the allotted powers granted to the governmental structures in order to better secure their rights, and the governments cannot restrict the People’s relationship with them by taking away their citizenship. Not everyone is entitled to engage in the activities of a political office, and the restrictions of eligibility were set in place for the United States of America and the various States through their Constitutions. The topic is addressed in the federal constitution for two branches of the government; in the legislative branch we find, Article 1, Section 2, clause 2 for the House of Representatives and Article 1, Section 3, clause 3 for the House of Senate; and, Article II, Section 1, clause 5 for the Executive branch. A person’s domicile and residency collectively, along with their political community affairs determines that being’s citizenship and nationality status. Residency means you have a presence with a purpose. When you complete that purpose, you will return to your domicile. An example is a doctor's residency in a hospital. The doctor is there to complete his purpose, and when he is finished he leaves. A domicile needs no purpose. It is not necessary to justify your presence at your domicile. It is your permanent home. For jurisdictional purposes, your claim of residency of a state is used to subject you to regulation under the interstate commerce clause of the U.S. Constitution (Article I, Section 8, Clause 3). Residence - The place of one's domicil. (q. v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi.262 2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character. 3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning would violate such law. Vide the cases cited under the article Domicil; Place of residence.263 Resident - International law. A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only to the continuance of the minister's stay, but now it is confined to ministers of this class. 2. The resident does not represent the prince's person in his dignity, but only his affairs. His representation is in reality of the same nature as that of the envoy; hence he is often termed, as well as the envoy, a minister of the second order, thus distinguishing only two classes of public ministers, the former consisting of ambassadors who are invested with the representative character in preeminence, the latter comprising all other ministers, who do not possess that exalted character. This is the most necessary distinction, and indeed the only essential one264.265 Resident - persons. A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period266.267 As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply required bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile268.269 "Residence" is not synonymous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence270.271 In certain contexts the courts consider "residence" and "domicile" to be synonymous272; while in others the two terms are distinguished273.274 Domicil - The place where a person has fixed his ordinary dwelling, without a present intention of removal.275 The law of domicil is of great importance in those countries where the maxim "actor sequitur forum rei" is applied to the full extent.276 2. A man cannot be without a domicil, for he is not supposed to have abandoned his last domicil until he has acquired a new one.277 Though by the Roman law a man might abandon his domicil, and, until be acquired a. new one, he was without a domicil. By fixing his residence at two different places a man may have two domicils at one and the same time; as, for example, if a foreigner, coming to this country, should establish two houses, one in New York and the, other in New Orleans, and pass one-half of the year in each; he would, for most purposes, have two domicils. But it is to be observed that circumstances which might be held sufficient to establish a commercial domicil in time of war, and a matrimonial, or forensic or political domicil in time of peace, might not be such as would establish a principal or testamentary domicil, for there is a wide difference in applying the law of domicil to contracts and to wills.278 3. There are three kinds of domicils, namely: 1. The domicil of origin. domicilium originis vel naturale. 2. The domicil by operation of law, or necessary domicil. 3. Domicil of choice.279 [262 Roberts; Ecc. R. 75. 263 Bouvier’s Law Dictionary, 6th Edition (1856) 264 Vattel liv. 4, c. 6, 73 265 Bouvier’s Law Dictionary, 6th Edition (1856) 266 See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20 John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377. 267 Bouvier’s Law Dictionary, 6th Edition (1856) 268 Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.] 269 Blacks Law Dictionary 4th Edition, Page 1176 270 Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188 271 Blacks Law Dictionary 4th Edition, Page 1176 272 e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441 273 e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65 274 Blacks Law Dictionary 4th Edition, Page 1176 275 10 Mass. 488; 8 Cranch, 278; Ersk. Pr. of Law of Scotl. B. 1, tit. 2, s. 9; Denisart, tit. Domicile, 1, 7,18, 19; Voet, Pandect, lib. 5, tit. 1, 92, 97; 5 Madd. Ch. R. 379; Merl. Rep. tit. Domicile;1 Binn. 349, n.; 4 Humph. 346 276 Code Civil, art. 102, &c.; 1 Toullier, 318 277 5 Ves. 587; 3 Robins. 191; 1 Binn. 349, n.; 10 Pick. 77 278 Phill. on Dom. xx; 11 Pick. 410 10 Mass. 488; 4 Wash. C. C. R. 514 279 Bouvier’s Law Dictionary (1856) ] |
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"body": "§4. Domicile/Residence\n\nAfter the Unanimous Declaration of Independence, and before the adoption of the Constitution for the United States of America, the colonists of each state became Citizens of the State of which they resided, so long as they were engaged in a political relationship with their communities and State. There were only State Citizens; such citizens being separate political members of the several States united, operating within a confederacy between each other. After the ratification and adoption of the Constitution for the United States of America, there existed Citizens of the several States of the union and U.S. citizens, who were partaking in the offices of the newly formed national government. The People of the United States own the government and instituted the constitution for the United States of America to secure their rights. Citizenship, therefore, is a conduit of which the People can interact within their municipal, county, state and national governments to engage in the exercise of the allotted powers granted to the governmental structures in order to better secure their rights, and the governments cannot restrict the People’s relationship with them by taking away their citizenship.\n\nNot everyone is entitled to engage in the activities of a political office, and the restrictions of eligibility were set in place for the United States of America and the various States through their Constitutions. The topic is addressed in the federal constitution for two branches of the government; in the legislative branch we find, Article 1, Section 2, clause 2 for the House of Representatives and Article 1, Section 3, clause 3 for the House of Senate; and, Article II, Section 1, clause 5 for the Executive branch.\n\nA person’s domicile and residency collectively, along with their political community affairs determines that being’s citizenship and nationality status. Residency means you have a presence with a purpose. When you complete that purpose, you will return to your domicile. An example is a doctor's residency in a hospital. The doctor is there to complete his purpose, and when he is finished he leaves.\n\nA domicile needs no purpose. It is not necessary to justify your presence at your domicile. It is your permanent home. For jurisdictional purposes, your claim of residency of a state is used to subject you to regulation under the interstate commerce clause of the U.S. Constitution (Article I, Section 8, Clause 3).\n\nResidence - The place of one's domicil. (q. v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi.262\n2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character.\n3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning would violate such law. Vide the cases cited under the article Domicil; Place of residence.263\n\nResident - International law. A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only to the continuance of the minister's stay, but now it is confined to ministers of this class.\n2. The resident does not represent the prince's person in his dignity, but only his affairs. His representation is in reality of the same nature as that of the envoy; hence he is often termed, as well as the envoy, a minister of the second order, thus distinguishing only two classes of public ministers, the former consisting of ambassadors who are invested with the representative character in preeminence, the latter comprising all other ministers, who do not possess that exalted character. This is the most necessary distinction, and indeed the only essential one264.265\n\nResident - persons. A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period266.267\n\nAs \"domicile\" and \"residence\" are usually in the same place, they are frequently used as if they had the same meaning, but they are not identical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply required bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile268.269\n\n\"Residence\" is not synonymous with \"domicile,\" though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence270.271\n\nIn certain contexts the courts consider \"residence\" and \"domicile\" to be synonymous272; while in others the two terms are distinguished273.274\n\nDomicil - The place where a person has fixed his ordinary dwelling, without a present intention of removal.275 The law of domicil is of great importance in those countries where the maxim \"actor sequitur forum rei\" is applied to the full extent.276\n2. A man cannot be without a domicil, for he is not supposed to have abandoned his last domicil until he has acquired a new one.277 Though by the Roman law a man might abandon his domicil, and, until be acquired a. new one, he was without a domicil. By fixing his residence at two different places a man may have two domicils at one and the same time; as, for example, if a foreigner, coming to this country, should establish two houses, one in New York and the, other in New Orleans, and pass one-half of the year in each; he would, for most purposes, have two domicils. But it is to be observed that circumstances which might be held sufficient to establish a commercial domicil in time of war, and a matrimonial, or forensic or political domicil in time of peace, might not be such as would establish a principal or testamentary domicil, for there is a wide difference in applying the law of domicil to contracts and to wills.278\n3. There are three kinds of domicils, namely: 1. The domicil of origin. domicilium originis vel naturale. 2. The domicil by operation of law, or necessary domicil. 3. Domicil of choice.279\n\n\n[262 Roberts; Ecc. R. 75.\n263 Bouvier’s Law Dictionary, 6th Edition (1856)\n264 Vattel liv. 4, c. 6, 73\n265 Bouvier’s Law Dictionary, 6th Edition (1856)\n266 See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20 John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377. \n267 Bouvier’s Law Dictionary, 6th Edition (1856)\n268 Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.]\n269 Blacks Law Dictionary 4th Edition, Page 1176\n270 Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188\n271 Blacks Law Dictionary 4th Edition, Page 1176\n272 e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441\n273 e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65 \n274 Blacks Law Dictionary 4th Edition, Page 1176\n275 10 Mass. 488; 8 Cranch, 278; Ersk. Pr. of Law of Scotl. B. 1, tit. 2, s. 9; Denisart, tit. Domicile, 1, 7,18, 19; Voet, Pandect, lib. 5, tit. 1, 92, 97; 5 Madd. Ch. R. 379; Merl. Rep. tit. Domicile;1 Binn. 349, n.; 4 Humph. 346\n276 Code Civil, art. 102, &c.; 1 Toullier, 318\n277 5 Ves. 587; 3 Robins. 191; 1 Binn. 349, n.; 10 Pick. 77\n278 Phill. on Dom. xx; 11 Pick. 410 10 Mass. 488; 4 Wash. C. C. R. 514 279 Bouvier’s Law Dictionary (1856) ]",
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}jeremiahowenpublished a new post: an-american-perspective-exclusive2018/02/05 17:52:36
jeremiahowenpublished a new post: an-american-perspective-exclusive
2018/02/05 17:52:36
| author | jeremiahowen |
| body | @@ -5024,17 +5024,16 @@ %E2%80%9D261%0A%0A%0A%5B -%0A 252 Stat |
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}jeremiahowenpublished a new post: an-american-perspective-exclusive2018/02/05 17:48:06
jeremiahowenpublished a new post: an-american-perspective-exclusive
2018/02/05 17:48:06
| author | jeremiahowen |
| body | @@ -221,60 +221,8 @@ ion. - A quite reasonable statement if I do say so myself. Any |
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}jeremiahowenpublished a new post: an-american-perspective-exclusive2018/02/05 17:42:48
jeremiahowenpublished a new post: an-american-perspective-exclusive
2018/02/05 17:42:48
| author | jeremiahowen |
| body | Chapter 4 - Jurisdiction §3. Exclusive Consequently, the republic States of the union are not included within the scope of the federal government’s jurisdiction outside of the prescribed limits in the federal constitution. A quite reasonable statement if I do say so myself. Anything operated outside of their jurisdiction, or direct scope of their contract, is known as ultra vires. Ultra- Latin. Beyond; outside of; in excess of. Ultra vires- Acts beyond the scope of the powers of a corporation, as defined by its charter or laws of state of incorporation.252 The term has a broad application and includes not only acts prohibited by the charter, but acts which are in excess of powers granted and not prohibited, and generally applied either when a corporation has no power whatever to do an act, or when the corporation has the power but exercises it irregularly.253 Act is ultra vires when corporation is without authority to perform it under any circumstances or for any purpose. By doctrine of ultra vires a contract made by a corporation beyond the scope of its corporate powers is unlawful.254 Ultra vires act of municipality is one which is beyond powers conferred upon it by law255.256 "It is deeply distressing that the Department of Justice, whose mission is to protect the constitutional liberties of the people of the United States, should even appear to be seeking to subvert them by extreme and dubious legal argument."257 One of the tricks that the government uses in order to enquire jurisdiction and subject you to their statutory regulations, is to convert your status into one lesser than one of the people. This is done in many different ways, and something that they continue to pursue, for it is the only way to gain jurisdiction over you and bring you within the United States. -CITE- 28 USC Sec. 1746 01/03/2012 (112-90) -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1746. Unsworn declarations under penalty of perjury -STATUTE- Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (SIGNATURE)". (2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (SIGNATURE)".258 Let’s review those last two sections. Section 1, American [Positive] Law; section 2, US [Statutory] Law. Section 1, within one of the compact republic constitutional States of union of the United States of America and without the federal United States territories, possessions, and enclaves; section 2, without the constitutional republic united States and within the federal United States legislative democracy. Section 1, for the People [or Article IV, Sec. 2, Clause 1, Citizens] of a compact republic State of the Constitutional union; section 2, for U.S. [14th amendment] citizens within the United States. Are you a U.S. citizen? Depends on some clarification... “The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”259 “In our country the people are sovereign and the government cannot sever its relationship to the people by taking away their citizenship. Our constitution governs us [the government260] and we must never forget that our constitution limits the government to those powers specifically granted or those that are necessary and proper to carry out the specifically granted ones. The constitution, of course, grants congress no express power to strip people of their citizenship, whether in the exercise of the implied power to regulate foreign affairs or in the exercise of any specifically granted power... The entire legislative history of the 1868 Act makes it abundantly clear that there was a strong feeling in the congress that the only way the citizenship it conferred could be lost was by the voluntary renunciation or abandonment by the citizen himself. And this was the unequivocal statement of the court in the case of United States v. Wong Kim Ark, 169 U.S. 649.”261 [ 252 State ex rel. v. Holston Trust Co., 168 Tenn. 546, 79 S.W.2d 1012, 1016; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979) 253 People ex rel. Barret v. Bank of Peoria, 295 III.App. 543, 15 N.E.2d 333, 335; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979) 254 Community Federal Sav. & Loan Ass’n of Independence, Mo. V. Fields, C.C.A.Mo., 128 F.2d 705, 708; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979) 255 Charles v. Town of Jeanerette, Inc., La.App., 234 So.2d 794, 798; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979) 256 Black’s Law Dictionary, 5th Edition, pg. 1365 (1979) 257 United States v. Chadwick, 433 U.S. I at 16 (1976) 258 USC Title 28, sec. 1746; Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534 259 City of Dallas v. Mitchell, 245 S.W. 944 (1922) 260 [compiler’s insert] 261 Afroyim v. Rusk, 387 U.S. 253, 87 S.Ct. 1660 (1967)] |
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"body": "Chapter 4 - Jurisdiction\n\n§3. Exclusive\n\nConsequently, the republic States of the union are not included within the scope of the federal government’s jurisdiction outside of the prescribed limits in the federal constitution. A quite reasonable statement if I do say so myself. Anything operated outside of their jurisdiction, or direct scope of their contract, is known as ultra vires.\n\nUltra- Latin. Beyond; outside of; in excess of.\nUltra vires- Acts beyond the scope of the powers of a corporation, as defined by its charter or laws of state of incorporation.252 The term has a broad application and includes not only acts prohibited by the charter, but acts which are in excess of powers granted and not prohibited, and generally applied either when a corporation has no power whatever to do an act, or when the corporation has the power but exercises it irregularly.253 Act is ultra vires when corporation is without authority to perform it under any circumstances or for any purpose. By doctrine of ultra vires a contract made by a corporation beyond the scope of its corporate powers is unlawful.254 Ultra vires act of municipality is one which is beyond powers conferred upon it by law255.256\n\n\"It is deeply distressing that the Department of Justice, whose mission is to protect the constitutional liberties of the people of the United States, should even appear to be seeking to subvert them by extreme and dubious legal argument.\"257\n\nOne of the tricks that the government uses in order to enquire jurisdiction and subject you to their statutory regulations, is to convert your status into one lesser than one of the people. This is done in many different ways, and something that they continue to pursue, for it is the only way to gain jurisdiction over you and bring you within the United States.\n\n-CITE-\n28 USC Sec. 1746 01/03/2012 (112-90)\n-EXPCITE-\nTITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE\nCHAPTER 115 - EVIDENCE; DOCUMENTARY\n-HEAD-\nSec. 1746. Unsworn declarations under penalty of perjury\n-STATUTE-\nWherever, under any law of the United States or under any rule,\nregulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a\nnotary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:\n(1) If executed without the United States: \"I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).\n(SIGNATURE)\".\n(2) If executed within the United States, its territories, possessions, or commonwealths: \"I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).\n(SIGNATURE)\".258\n\nLet’s review those last two sections. Section 1, American [Positive] Law; section 2, US [Statutory] Law. Section 1, within one of the compact republic constitutional States of union of the United States of America and without the federal United States territories, possessions, and enclaves; section 2, without the constitutional republic united States and within the federal United States legislative democracy. Section 1, for the People [or Article IV, Sec. 2, Clause 1, Citizens] of a compact republic State of the Constitutional union; section 2, for U.S. [14th amendment] citizens within the United States. Are you a U.S. citizen? Depends on some clarification...\n\n“The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.”259\n\n“In our country the people are sovereign and the government cannot sever its relationship to the people by taking away their citizenship. Our constitution governs us [the government260] and we must never forget that our constitution limits the government to those powers specifically granted or those that are necessary and proper to carry out the specifically granted ones. The constitution, of course, grants congress no express power to strip people of their citizenship, whether in the exercise of the implied power to regulate foreign affairs or in the exercise of any specifically granted power... The entire legislative history of the 1868 Act makes it abundantly clear that there was a strong feeling in the congress that the only way the citizenship it conferred could be lost was by the voluntary renunciation or abandonment by the citizen himself. And this was the unequivocal statement of the court in the case of United States v. Wong Kim Ark, 169 U.S. 649.”261\n\n\n[\n252 State ex rel. v. Holston Trust Co., 168 Tenn. 546, 79 S.W.2d 1012, 1016; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)\n253 People ex rel. Barret v. Bank of Peoria, 295 III.App. 543, 15 N.E.2d 333, 335; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)\n254 Community Federal Sav. & Loan Ass’n of Independence, Mo. V. Fields, C.C.A.Mo., 128 F.2d 705, 708; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)\n255 Charles v. Town of Jeanerette, Inc., La.App., 234 So.2d 794, 798; see Black’s Law Dictionary, 5th Edition, “ultra vires” pg. 1365 (1979)\n256 Black’s Law Dictionary, 5th Edition, pg. 1365 (1979) \n257 United States v. Chadwick, 433 U.S. I at 16 (1976)\n258 USC Title 28, sec. 1746; Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534 \n259 City of Dallas v. Mitchell, 245 S.W. 944 (1922)\n260 [compiler’s insert]\n261 Afroyim v. Rusk, 387 U.S. 253, 87 S.Ct. 1660 (1967)]",
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}jeremiahowenpublished a new post: an-american-perspective-in-fact-and-in-law-territory2018/02/05 17:14:09
jeremiahowenpublished a new post: an-american-perspective-in-fact-and-in-law-territory
2018/02/05 17:14:09
| author | jeremiahowen |
| body | Chapter 4 - Jurisdiction §2. In Fact and In Law/Territory “But in fact and in law, such statutes are intended to be applied to those who are here as “residents” in this State under the Interstate Commerce Clause of the Federal Constitution and the so called Fourteenth Amendment.”236 If you are at all like me, when I had first encountered that last quote I was shocked and confused, to say the least. It haunted me, and I pondered its underlying significance as to the extent of that supreme court dissent. It declared the jurisdiction of the U.S. Code’s, which are nefariously purveyed over us all, to apply to “residents” engaging in interstate commerce and those under the “so called” fourteenth amendment, but not to the People. I would further extend that expressed jurisdiction to it’s specified agencies/ agents, departments, offices/officers, employees, representatives, etc., etc., exclusively in its territories, possessions and enclaves, as per Article I, sec. 8, clauses 18 and 19, and it’s specified subject matter in the preceding clauses 1 – 17. Article 1, Sec.8, cl. 18-19 – To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; - And To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.237 Their territorial jurisdiction, as noted above when it stated, “To exercise exclusive legislation in all cases whatsoever”, only extends to ten miles square, to places purchased and to property owned. To further clarify this power of restrictive absolute jurisdiction it was also upheld in the fourth article of the federal constitution. Article IV, Sec. 3, cl. 2- The Congress shall have power to dispose of and make all needful rules and regulations respecting territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. "... the United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed ... The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted ..."238 "Residual state sovereignty was also implicit, of course, in the Constitution's conferral upon Congress of not all governmental powers, but only discrete and enumerated ones.”239 The territorial jurisdiction of the United States would include territories and possessions temporarily acquired through treaties that are not part of the republic States of the union. Persons who are under this exclusive jurisdiction are citizens of the United States government, and of the state wherein they reside, by virtue of the fourteenth amendment. This is a little confusing because Washington, D.C. is considered a state, and possessions, like Puerto Rico, are considered states too, but they are political states and not part of the 50 States of the union. Territory – A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical are under the jurisdiction of another country or sovereign power. A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the president.240 “Territories are governed by organic acts, enacted by Congress, unilaterally amendable by Congress, unilaterally revocable by Congress.”241 “It is no longer open to question that the general government, unlike the states, possesses no inherent power in respect of the internal affairs of the states; and emphatically not with regard to legislation.”242 What does the United States Code (U.S.C.) say? Title 26 U.S.C. is the Internal Revenue Chapter, and Section 7701 is a section devoted to definitions. What is their definition of the United States in respect to this code’s contextual usage? United States - The term "United States" when used in a geographical sense includes only the States and the District of Columbia. 243 The use of the word "only" would indicate that this is a restrictive definition. Does that mean only the 50 States, or U.S. possessions, which are also called states? This is clarified in the next definition that is supplied in 26 U.S.C. §7701. State - The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.244 When you find a definition within the statutes or any document of law that is issued using the word "includes", it means that only the items or categories listed in the definition are included, and everything else is excluded. “The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others.245” Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.246 The District of Columbia is a political state of the United States. It is the property of the federal government (United States of America), like other of It’s possessions, such as Guam and the Virgin Islands are. Since the 50 States are not mentioned in the definition of state found in 26 U.S.C. §7701, they are not included. Why? Because the jurisdiction of the United States government, as set forward in Article III, Sec. 2 of the U.S. Constitution, includes only areas under its jurisdiction and excludes all others. The 50 states are separate foreign states from the national government, having their own state constitutions and internal governments, and therefore would not come under the geographical or territorial jurisdiction of the United States federal government, and their corporation. What do I mean when I say that the U.S. federal government has a corporation? -CITE- 28 USC Sec. 3002 01/03/2012 (112-90) -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS -HEAD- Sec. 3002. Definitions -STATUTE- As used in this chapter: (15) “United States” means- (A) a Federal corporation; (B) an agency, department, commission, board (C) an instrumentality of the United States. We can gain further insight as to the location of the United States when we analyze the Uniform Commercial Code as well. “Location of the United States. The United States is located in the District of Columbia.”247 This would explain why the Internal Revenue is listed as a ‘Puerto Rico special trust fund’ in Title 31 of the U.S.C. -CITE- 31 USC Sec. 1321 01/03/2012 (112-90) -EXPCITE- TITLE 31 - MONEY AND FINANCE SUBTITLE II - THE BUDGET PROCESS CHAPTER 13 - APPROPRIATIONS SUBCHAPTER II - TRUST FUNDS AND REFUNDS -HEAD- Sec. 1321. Trust funds (a) The following are classified as trust funds: (62) Puerto Rico special fund (Internal Revenue)248 [Think about it... They’re foreign to the People.] "The United States Government is a foreign corporation with respect to a state."249 Certain provisions detailed within the titles are exclusive for that title usage, and usually does not extend through the whole scope of the U.S. Codes. It is imperative that we scrutinize other titles in order to gain a broader perspective as to the context of these definitions, in relation to the whole code. The term “State” is also further defined in the Social Security Act; both in the original act that was passed in 1935 and the current usage. The current usage as defined in the social security act is a great source for the broad characteristics of the term “state” throughout the whole scope of the title, and can be used as a soundboard of which to glean jurisdictional limits. The original 1935 Act states; “The term State (except when used in section 531) includes Alaska, Hawaii [only when they were territories*-editors note] and the District of Columbia.” 250 The current definition, as of 2012 A.D., is as such; “(1) The term ‘State’, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in titles III, IX, and XII also includes the Virgin Islands. Such term when used in title v. and in part B of this title also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in titles XIX and XXI also includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and XIV, and title XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term ‘State’ when used in such titles (but not in title XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in title XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in title IV also includes American Samoa.”251 [236 U.S. v. United Mine Workers of America, 67 S.Ct. 677, 330 U.S. 258 (1947) 237 Article I, Section 8, Clauses 18 – 19 – U.S. Constitution – (1789) 238 Pollard v. Hagan, 44 U.S.C. 212, 221, 223 239 Justice Antonin Scalia; Mack v. United States – (1997) 240 Black’s Law Dictionary, 5th Edition, p. 1473 (1979) 241 US v. Valentine, 288 F. Supp. 957 (1936) 242 Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936); Hammer v. Dagenhart, 247 U.S. 251, 257, 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E 724 243 Title 26, Subtitle F, Chapter 79, § 7701(9) – (2012) 244 Title 26, Subtitle F, Chapter 79, § 7701(10) – (2012) 245 11 Coke, 58b. 246 Black’s Law Dictionary, 6th Edition, p. 581; Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100 247 The Portable UCC, 4th Edition – (2004) – UCC 9-307 (h) – Location of Debtor 248 Title 31 USC, sec. 1321 (a)(62) – (2012) 249 Volume 20 of Corpus Juris Secundum at 1758; NY vs. re Merriam, 36N.E. 505; 141 N.Y. 479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287 250 IRC 7701(a)(10) – (Approved, August 14, 1935) 251 Title 42 U.S.C., §1301 (a)(1); (2012) ] |
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"body": "Chapter 4 - Jurisdiction \n\n§2. In Fact and In Law/Territory\n\n“But in fact and in law, such statutes are intended to be applied to those who are here as “residents” in this State under the Interstate Commerce Clause of the Federal Constitution and the so called Fourteenth Amendment.”236\n\nIf you are at all like me, when I had first encountered that last quote I was shocked and confused, to say the least. It haunted me, and I pondered its underlying significance as to the extent of that supreme court dissent. It declared the jurisdiction of the U.S. Code’s, which are nefariously purveyed over us all, to apply to “residents” engaging in interstate commerce and those under the “so called” fourteenth amendment, but not to the People. I would further extend that expressed jurisdiction to it’s specified agencies/ agents, departments, offices/officers, employees, representatives, etc., etc., exclusively in its territories, possessions and enclaves, as per Article I, sec. 8, clauses 18 and 19, and it’s specified subject matter in the preceding clauses 1 – 17.\n\nArticle 1, Sec.8, cl. 18-19 – To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; - And\nTo make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.237\n\nTheir territorial jurisdiction, as noted above when it stated, “To exercise exclusive legislation in all cases whatsoever”, only extends to ten miles square, to places purchased and to property owned. To further clarify this power of restrictive absolute jurisdiction it was also upheld in the fourth article of the federal constitution.\n\nArticle IV, Sec. 3, cl. 2- The Congress shall have power to dispose of and make all needful rules and regulations respecting territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.\n\"... the United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed ... The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted ...\"238\n\n\"Residual state sovereignty was also implicit, of course, in the Constitution's conferral upon Congress of not all governmental powers, but only discrete and enumerated ones.”239\n\nThe territorial jurisdiction of the United States would include territories and possessions temporarily acquired through treaties that are not part of the republic States of the union. Persons who are under this exclusive jurisdiction are citizens of the United States government, and of the state wherein they reside, by virtue of the fourteenth amendment. This is a little confusing because Washington, D.C. is considered a state, and possessions, like Puerto Rico, are considered states too, but they are political states and not part of the 50 States of the union.\n\nTerritory – A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical are under the jurisdiction of another country or sovereign power. A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the president.240\n\n“Territories are governed by organic acts, enacted by Congress, unilaterally amendable by Congress, unilaterally revocable by Congress.”241\n\n“It is no longer open to question that the general government, unlike the states, possesses no inherent power in respect of the internal affairs of the states; and emphatically not with regard to legislation.”242\n\nWhat does the United States Code (U.S.C.) say? Title 26 U.S.C. is the Internal Revenue Chapter, and Section 7701 is a section devoted to definitions. What is their definition of the United States in respect to this code’s contextual usage?\n\nUnited States - The term \"United States\" when used in a geographical sense includes only the States and the District of Columbia. 243\n\nThe use of the word \"only\" would indicate that this is a restrictive definition. Does that mean only the 50 States, or U.S. possessions, which are also called states? This is clarified in the next definition that is supplied in 26 U.S.C. §7701.\nState - The term \"State\" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.244\n\nWhen you find a definition within the statutes or any document of law that is issued using the word \"includes\", it means that only the items or categories listed in the definition are included, and everything else is excluded.\n“The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others.245”\nExpressio unius est exclusio alterius.\nThe expression of one thing is the exclusion of another.\nWhen certain persons or things are specified in a law, contract, or will, an\nintention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded.246\n\nThe District of Columbia is a political state of the United States. It is the property of the federal government (United States of America), like other of It’s possessions, such as Guam and the Virgin Islands are. Since the 50 States are not mentioned in the definition of state found in 26 U.S.C. §7701, they are not included. Why? Because the jurisdiction of the United States government, as set forward in Article III, Sec. 2 of the U.S. Constitution, includes only areas under its jurisdiction and excludes all others. The 50 states are separate foreign states from the national government, having their own state constitutions and internal governments, and therefore would not come under the geographical or territorial jurisdiction of the United States federal government, and their corporation.\n\nWhat do I mean when I say that the U.S. federal government has a corporation?\n-CITE-\n28 USC Sec. 3002 01/03/2012 (112-90)\n-EXPCITE-\nTITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE\nPART VI - PARTICULAR PROCEEDINGS\nCHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS\n-HEAD-\nSec. 3002. Definitions\n-STATUTE-\nAs used in this chapter:\n(15) “United States” means-\n(A) a Federal corporation;\n(B) an agency, department, commission, board (C) an instrumentality of the United States.\n\nWe can gain further insight as to the location of the United States when we analyze the Uniform Commercial Code as well.\n\n“Location of the United States. The United States is located in the District of Columbia.”247\n\nThis would explain why the Internal Revenue is listed as a ‘Puerto Rico special trust fund’ in Title 31 of the U.S.C.\n\n-CITE-\n31 USC Sec. 1321\n01/03/2012 (112-90)\n-EXPCITE-\nTITLE 31 - MONEY AND FINANCE\nSUBTITLE II - THE BUDGET PROCESS CHAPTER 13 - APPROPRIATIONS\nSUBCHAPTER II - TRUST FUNDS AND REFUNDS\n-HEAD-\nSec. 1321. Trust funds\n(a) The following are classified as trust funds:\n(62) Puerto Rico special fund (Internal Revenue)248\n[Think about it... They’re foreign to the People.]\n\n\"The United States Government is a foreign corporation with respect to a state.\"249\n\nCertain provisions detailed within the titles are exclusive for that title usage, and usually does not extend through the whole scope of the U.S. Codes. It is imperative that we scrutinize other titles in order to gain a broader perspective as to the context of these definitions, in relation to the whole code.\n\nThe term “State” is also further defined in the Social Security Act; both in the original act that was passed in 1935 and the current usage. The current usage as defined in the social security act is a great source for the broad characteristics of the term “state” throughout the whole scope of the title, and can be used as a soundboard of which to glean jurisdictional limits.\n\nThe original 1935 Act states;\n“The term State (except when used in section 531) includes Alaska, Hawaii [only when they were territories*-editors note] and the District of Columbia.” 250\n\nThe current definition, as of 2012 A.D., is as such;\n“(1) The term ‘State’, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in titles IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in titles III, IX, and XII also includes the Virgin Islands. Such term when used in title v. and in part B of this title also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in titles XIX and XXI also includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and XIV, and title XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term ‘State’ when used in such titles (but not in title XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in title XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in title IV also includes American Samoa.”251\n\n\n[236 U.S. v. United Mine Workers of America, 67 S.Ct. 677, 330 U.S. 258 (1947)\n237 Article I, Section 8, Clauses 18 – 19 – U.S. Constitution – (1789)\n238 Pollard v. Hagan, 44 U.S.C. 212, 221, 223\n239 Justice Antonin Scalia; Mack v. United States – (1997) \n240 Black’s Law Dictionary, 5th Edition, p. 1473 (1979)\n241 US v. Valentine, 288 F. Supp. 957 (1936)\n242 Carter v. Carter Coal Co., 298 U.S. 238, 56 S.Ct. 855 (1936); Hammer v. Dagenhart, 247 U.S. 251, 257, 38 S.Ct. 529, 3 A.L.R. 649, Ann.Cas.1918E 724\n243 Title 26, Subtitle F, Chapter 79, § 7701(9) – (2012) \n244 Title 26, Subtitle F, Chapter 79, § 7701(10) – (2012) \n245 11 Coke, 58b.\n246 Black’s Law Dictionary, 6th Edition, p. 581; Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100\n247 The Portable UCC, 4th Edition – (2004) – UCC 9-307 (h) – Location of Debtor \n248 Title 31 USC, sec. 1321 (a)(62) – (2012)\n249 Volume 20 of Corpus Juris Secundum at 1758; NY vs. re Merriam, 36N.E. 505; 141 N.Y. 479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287\n250 IRC 7701(a)(10) – (Approved, August 14, 1935) 251 Title 42 U.S.C., §1301 (a)(1); (2012) ]",
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}jeremiahowenpublished a new post: an-american-perspective-granted-authority2018/02/05 16:44:03
jeremiahowenpublished a new post: an-american-perspective-granted-authority
2018/02/05 16:44:03
| author | jeremiahowen |
| body | Chapter 4 - Jurisdiction §1. Granted Authority Jurisdictio est potestas de publico introducta, cum necessitate juris dicendi. Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice.226 “A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil actions for his acts.”227 Jurisdiction determines the granted authority of a public office, and the venue of which a law is applicable and how a court of justice is to proceed, such as in a military tribunal, civil suit, common law, etc., etc. It is the first part of the court process, and perhaps, one of the most important opportunities to avoid further controversy. Every part of the court hangs on the ability for you to grant jurisdiction to them. Unless there is an injured party with a signed criminal complaint or affidavit, sworn under penalty of perjury, making a direct claim against you, there is no basis for suit against you, and any court proceedings are presumed to be under color of law, or according to the terms of a pre-existing contract in place between the parties. Although the current state of courtroom proceedings subtly breezes through the issue, jurisdiction can be challenged at anytime. “Jurisdiction can be challenged at anytime.”228 Jurisdiction is paramount in any legal proceeding. It is the essential element of which all agencies, including any officers or representatives, are able to interact with you. If there is no jurisdiction, there can be no proceeding in any suit in a court of law. Of course, there will always be those who will not have your best interest in mind, to say the least, and who will operate outside of their delegated jurisdiction. “Judges not only can be sued over their official acts, but could be held liable for injunctive and declaratory relief and attorney’s fees.”229 “Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.”230 “An officer who acts in violation of the Constitution ceases to represent the government.” 231 Coram non judice – In presence of a person not a judge. When a suit is brought and determined in a court, which has no jurisdiction in the matter, then it is said to be coram non judice, and the judgment is void.232 “Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action.”233 As was reviewed earlier in Chapter 1, §7, the State and National (federal) Constitution(s) emanated from the People, and they are the highest authority of the Nation in the hierarchy of this constitutional republic. The federal government’s judicial cognizance was decreed in Article III, Sec. 2 of the U.S. Constitution, as discussed earlier in Chapter 3, §2. The several States’ jurisdiction is thus decreed also in their own Constitutions, which also emanated from the People, and must be in accordance with the U.S. Constitution. "The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty."234 “Let a state be considered as subordinate to the people. But let everything else be subordinate to the state.” 235 [226 Black’s Law Dictionary, 5th Edition, pg. 766 (1979) 227 Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938) 228 Basso v. Utah Power & Light Co. 495 F 2d 906, 910, 10th cir. (1974) 229 Lezama v. Justice Court, A025829; 190 Cal.App3d 15 (1987) 230 In re McCowan, 177 C. 93, 170, p. 1100 (1917) 231 Brookfield Construction Co. v. Stewart, 284 F.Supp. 94 (1964) 232 Black’s Law Dictionary, 5th Edition, pg. 305 (1979) 233 Melo v. US, 505 F2d 1026 (1974) 234 Justice Antonin Scalia, Mack v. United States – (1997) 235 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793) p. 2 U.S. 455 ] |
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"body": "Chapter 4 - Jurisdiction\n\n§1. Granted Authority\n\nJurisdictio est potestas de publico introducta, cum necessitate juris dicendi.\nJurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice.226\n\n“A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil actions for his acts.”227\n\nJurisdiction determines the granted authority of a public office, and the venue of which a law is applicable and how a court of justice is to proceed, such as in a military tribunal, civil suit, common law, etc., etc. It is the first part of the court process, and perhaps, one of the most important opportunities to avoid further controversy. Every part of the court hangs on the ability for you to grant jurisdiction to them. Unless there is an injured party with a signed criminal complaint or affidavit, sworn under penalty of perjury, making a direct claim against you, there is no basis for suit against you, and any court proceedings are presumed to be under color of law, or according to the terms of a pre-existing contract in place between the parties. Although the current state of courtroom proceedings subtly breezes through the issue, jurisdiction can be challenged at anytime.\n\n“Jurisdiction can be challenged at anytime.”228\n\nJurisdiction is paramount in any legal proceeding. It is the essential element of\nwhich all agencies, including any officers or representatives, are able to interact with you.\nIf there is no jurisdiction, there can be no proceeding in any suit in a court of law. Of course, there will always be those who will not have your best interest in mind, to say the least, and who will operate outside of their delegated jurisdiction.\n\n“Judges not only can be sued over their official acts, but could be held liable for injunctive and declaratory relief and attorney’s fees.”229\n\n“Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.”230\n\n“An officer who acts in violation of the Constitution ceases to represent the government.” 231\n\nCoram non judice – In presence of a person not a judge. When a suit is brought and determined in a court, which has no jurisdiction in the matter, then it is said to be coram non judice, and the judgment is void.232\n\n“Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action.”233\n\nAs was reviewed earlier in Chapter 1, §7, the State and National (federal) Constitution(s) emanated from the People, and they are the highest authority of the Nation in the hierarchy of this constitutional republic. The federal government’s judicial cognizance was decreed in Article III, Sec. 2 of the U.S. Constitution, as discussed earlier in Chapter 3, §2. The several States’ jurisdiction is thus decreed also in their own Constitutions, which also emanated from the People, and must be in accordance with the U.S. Constitution.\n\n\"The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.\"234\n\n“Let a state be considered as subordinate to the people. But let everything else be subordinate to the state.” 235\n\n\n[226 Black’s Law Dictionary, 5th Edition, pg. 766 (1979)\n227 Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938)\n228 Basso v. Utah Power & Light Co. 495 F 2d 906, 910, 10th cir. (1974)\n229 Lezama v. Justice Court, A025829; 190 Cal.App3d 15 (1987) \n230 In re McCowan, 177 C. 93, 170, p. 1100 (1917)\n231 Brookfield Construction Co. v. Stewart, 284 F.Supp. 94 (1964) \n232 Black’s Law Dictionary, 5th Edition, pg. 305 (1979)\n233 Melo v. US, 505 F2d 1026 (1974)\n234 Justice Antonin Scalia, Mack v. United States – (1997)\n235 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793) p. 2 U.S. 455 ]",
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}jeremiahowenupvoted (100.00%) @zahid0406 / 10-wonderful-advantages-and-uses-of-neem-a-herb-that-heals2018/02/05 16:38:30
jeremiahowenupvoted (100.00%) @zahid0406 / 10-wonderful-advantages-and-uses-of-neem-a-herb-that-heals
2018/02/05 16:38:30
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}zahid0406upvoted (100.00%) @jeremiahowen / an-american-perspective-chapter-4-jurisdiction2018/02/05 16:32:39
zahid0406upvoted (100.00%) @jeremiahowen / an-american-perspective-chapter-4-jurisdiction
2018/02/05 16:32:39
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}jeremiahowenpublished a new post: an-american-perspective-chapter-4-jurisdiction2018/02/05 16:32:24
jeremiahowenpublished a new post: an-american-perspective-chapter-4-jurisdiction
2018/02/05 16:32:24
| author | jeremiahowen |
| body | An American Perspective is a seven part treatise that I constructed in the winter of 2013-2014 that covers the topics of the history, development and proceedings of American common law with supplementary legal cases, definitions and explanations of monumental instruments and decrees of Law, as well as the distribution and exercise of volition. The goal of this treatise is to build awareness of our inherent right to rule supremely over our body, our mind and our property, while supplying monumental legal cases and decisions in support of this notion. The treatise then goes on to show legal theory, conduct and application as one of the People in a court of record, and also briefly touches upon various snares and pitfalls to avoid. This is an embarkment of expressing my personal views and findings in the great American experiment and is not to be construed as professional legal advice in any way. This is for entertainment, educational and informational purposes only. I cannot, will not, do not give legal advice, as we all have to make our own decisions and grow through due diligence. Thank you and God bless. 4: Jurisdiction ................................................................ §1----------------------------------------------------- Granted Authority §2 ---------------------------------------- In Fact and In Law/Territory §3 --------------------------------------------------------------- Exclusive §4 -------------------------------------------------- Domicile/Residence §5 ---------------------------------------------------- Foreign Sovereign §6 ----------------------------------------------------------- U.S. Citizens §7 ---------------------------------------------------- Corporate Citizens |
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"body": "An American Perspective is a seven part treatise that I constructed in the winter of 2013-2014 that covers the topics of the history, development and proceedings of American common law with supplementary legal cases, definitions and explanations of monumental instruments and decrees of Law, as well as the distribution and exercise of volition.\n\nThe goal of this treatise is to build awareness of our inherent right to rule supremely over our body, our mind and our property, while supplying monumental legal cases and decisions in support of this notion. The treatise then goes on to show legal theory, conduct and application as one of the People in a court of record, and also briefly touches upon various snares and pitfalls to avoid.\n\nThis is an embarkment of expressing my personal views and findings in the great American experiment and is not to be construed as professional legal advice in any way. This is for entertainment, educational and informational purposes only. I cannot, will not, do not give legal advice, as we all have to make our own decisions and grow through due diligence.\n\nThank you and God bless.\n\n4: Jurisdiction ................................................................\n§1----------------------------------------------------- Granted Authority \n§2 ---------------------------------------- In Fact and In Law/Territory \n§3 --------------------------------------------------------------- Exclusive\n§4 -------------------------------------------------- Domicile/Residence \n§5 ---------------------------------------------------- Foreign Sovereign\n§6 ----------------------------------------------------------- U.S. Citizens \n§7 ---------------------------------------------------- Corporate Citizens",
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}jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings2018/02/05 16:27:48
jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings
2018/02/05 16:27:48
| author | jeremiahowen |
| body | @@ -5840,9 +5840,47 @@ 8 (1969) +%0ACopyleft by Bill Thornton of 1215.org %5D |
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}jeremiahowenpublished a new post: an-american-perspective-disclosure2018/02/05 16:20:39
jeremiahowenpublished a new post: an-american-perspective-disclosure
2018/02/05 16:20:39
| author | jeremiahowen |
| body | Chapter 3: Courts §5. Disclosure As we would recall, the court is the person and suit of the sovereign, or the regal retinue. In this country, we have delegated certain authorities and hired people to work for us, known as the judicial system, so that justice may be properly administered when someone is harmed or injured. Some may choose to delegate complete authority to this system, and some may yield authority by their own volition in order to retain power of their court and utilize the administrative services in which our agencies offer. The judicial system of this country was decreed and ordained by the people, for the people. It is another extension of our sovereignty that we can utilize, or of which can be utilized against us. The court system is a way to declare judgment to the world, and for justice to be enforced by the force of the law. It is a show that is put on for the world in order to prove something. That is one of the most important aspects to realize. No matter how right you may be, you still have to put on a good show to prove your points and gain the acceptance of the people. Being a plaintiff in a Court of Record as one of the people allows you to retain complete authority of your court and use the judicial system as an administrative facility to carry out your court procedure according to the course of the common law. That is the only instance by which we can maintain our own courts and ascertain judicial recognition of the people’s inherent potential of volition. Setting up and proceeding in a court of record is a very specific course of affairs, and the highest level of jurisdiction in the hierarchy of these constitutional republics, and as such it is not something to be taken lightly. [Copy left by Bill Thornton 1215.org] |
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"body": "Chapter 3: Courts\n\n§5. Disclosure\n\nAs we would recall, the court is the person and suit of the sovereign, or the regal retinue. In this country, we have delegated certain authorities and hired people to work for us, known as the judicial system, so that justice may be properly administered when someone is harmed or injured. Some may choose to delegate complete authority to this system, and some may yield authority by their own volition in order to retain power of their court and utilize the administrative services in which our agencies offer.\n\nThe judicial system of this country was decreed and ordained by the people, for the people. It is another extension of our sovereignty that we can utilize, or of which can be utilized against us. The court system is a way to declare judgment to the world, and for justice to be enforced by the force of the law. It is a show that is put on for the world in order to prove something. That is one of the most important aspects to realize. No matter how right you may be, you still have to put on a good show to prove your points and gain the acceptance of the people.\n\nBeing a plaintiff in a Court of Record as one of the people allows you to retain complete authority of your court and use the judicial system as an administrative facility to carry out your court procedure according to the course of the common law. That is the only instance by which we can maintain our own courts and ascertain judicial recognition of the people’s inherent potential of volition. Setting up and proceeding in a court of record is a very specific course of affairs, and the highest level of jurisdiction in the hierarchy of these constitutional republics, and as such it is not something to be taken lightly.\n\n[Copy left by Bill Thornton 1215.org]",
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}2018/02/01 18:43:00
2018/02/01 18:43:00
| author | cheetah |
| body | Hi! I am a robot. I just upvoted you! I found similar content that readers might be interested in: http://www.1215.org/lawnotes/lawnotes/courtrec.htm |
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}jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings2018/02/01 18:42:39
jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings
2018/02/01 18:42:39
| author | jeremiahowen |
| body | Chapter 3 - Courts §4. Common Law Proceedings In order to fully comprehend the legal significance of the Court of Record, some detailed writings as to their proceedings from “Koffler: Common Law Pleading” is supplied for an expanded clarity as to the functions and process. “The Common-Law Record consists of the Process, the Pleadings, the Verdict and the Judgment. After Judgment, such Errors were Reviewable by Writ of Error. Errors which occurred at the Trial were not part of the Common-Law Record, and could be Reviewed by a Motion, for a New Trial, after Verdict and before Judgment; by Statute, such Errors could be Reviewed after judgment by incorporating them into the Record by means of a Bill of Exceptions. It was therefore essential to keep clearly in mind the distinction between Matter of Record and Matter of Exception. Under the ancient practice, the Proceedings in a litigated case were Entered upon the Parchment Roll, and when this was completed, the end product became known as the Common-Law Record. It consisted of Four Parts, the Process, which included the Original Writ and the Return of the Sheriff, by which the Court acquired Jurisdiction over the defendant; the Pleadings, presented by the Parties in the prescribed order to develop an issue of Law or of Fact, and which included the Declaration and all subsequent Pleadings, together with the Demurrers, if any, the Verdict, and the Judgment. These Four Elements formed the Common-Law Record, but it should be observed that at the point where the Retrospective Motions come into play, the Record has not been developed beyond the Stage of Entering the Verdict upon the Roll. At this point it should also be recalled that between the time when the Pleadings Terminated in an issue, which Joined in Issue was duly Recorded on the Parchment Roll, and the time when an Entry of the Verdict was made, nothing was Recorded on the Parchment Roll. The reason for this was that between the Joinder of Issue and the Rendition of the Verdict, the Trial takes place, and what occurs during this Trial does not Appear upon the Face of the Common-Law Record. Thus, Offers and Rejection of Evidence, the Court’s Instruction of the Jury, or its Refusal to instruct as requested by counsel, or any Misconduct Connected with the Trial, such as Prejudicial Remarks on the Part of the Court, and the like – that is – any Error that occurs at the Trial – cannot be corrected by resort to the Common-Law Record because not Apparent on its Face. Such Errors were preserved only in the notes [minutes] made by the Presiding Judge, or in his memory, and were reviewable, after Verdict and before Final Judgment, by a Motion for New Trial made before the Court En Banc at Westminster, within four days after the Commencement of the Next Term following the Rendition of the Verdict. As each of the Judges of the Court had Motions of a similar character coming up for decision from the Trials over which they had presided, the natural inclination of each Judge was to support the Rulings of his brother Jurists, and thus Overrule the Motion for a New Trial. Furthermore, Errors that occurred at the Trial were not Reviewable after Judgment on Writ of Error, because Not Apparent on any one of the Four Parts of the Common-Law Record. To remedy this Defect, Parliament enacted Chapter 31 of the Statute of Westminster II in 1285, which provided for Review of such Errors through the use of what came to be known as a Bill of Exceptions. Thus, it appears that in four out of five Retrospective Motions, the Court is permitted to consider only Defects Apparent Upon the Face of Part of the Common-Law Record – the Process, the Pleadings, and the Verdict – and Errors Occurring at the Trial were regarded as extraneous and not to be considered in rendering Judgment upon the Motions. Matters extraneous to or outside of the Record could be tested after Verdict and before Judgment only by a Motion for a New Trial. A distinction is made between Matter of Record and Matter of Exception. Matter of Record referring to those Errors Apparent upon the Face of the Common-Law Record and hence Reviewable after Final Judgment upon a Writ of Error, and Matter of Exception referring to those Errors which Occurred at the Trial, and were Not Apparent on the Face of the Common-Law Record, hence Reviewable after Final Judgment only by incorporating such Errors into the Record by means of a Bill of Exceptions, as authorized by Chapter 31 of the Statute of Westminster II in 1285.”225 We can conclude from this selection of Koffler’s writings on the Court of Record that it consists of four parts. The first procedure is to gain jurisdiction over the defendant in any case. After jurisdiction is gained by the court, allowing them to hear and see the case, then pleadings are set forth, in which the plaintiff and defendant argue their position in a specific format. Following the various motions of the pleadings is the trial to see and hear each parties case, and the matter of adjudicating the facts and law pertaining to the subject-matter and personam of the defendant, otherwise known as the verdict, which is concluded by a tribunal independent of the magistrate. After this necessary and ancient due process of the law, a judgment is awarded based upon the final verdict. Although all courts are not operating or proceeding as a Court of Record, this is the foundation of any proceeding in law. Any court process that you encounter will consist of one of these elements, whether it is a nisi prius, military tribunal, maritime/ admiralty, or any other court of law. All courts follow administrative procedures. If you figure out the administrative procedures, you can gain some insight as to how to interact, both publicly and privately. [225 Koffler: Common Law Pleading, pg. 567-568 (1969)] |
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"body": "Chapter 3 - Courts\n\n§4. Common Law Proceedings\n\nIn order to fully comprehend the legal significance of the Court of Record, some detailed writings as to their proceedings from “Koffler: Common Law Pleading” is supplied for an expanded clarity as to the functions and process.\n\n“The Common-Law Record consists of the Process, the Pleadings, the Verdict and the Judgment. After Judgment, such Errors were Reviewable by Writ of Error. Errors which occurred at the Trial were not part of the Common-Law Record, and could be Reviewed by a Motion, for a New Trial, after Verdict and before Judgment; by Statute, such Errors could be Reviewed after judgment by incorporating them into the Record by means of a Bill of Exceptions. It was therefore essential to keep clearly in mind the distinction between Matter of Record and Matter of Exception.\nUnder the ancient practice, the Proceedings in a litigated case were Entered upon the Parchment Roll, and when this was completed, the end product became known as the Common-Law Record. It consisted of Four Parts, the Process, which included the Original Writ and the Return of the Sheriff, by which the Court acquired Jurisdiction over the defendant; the Pleadings, presented by the Parties in the prescribed order to develop an issue of Law or of Fact, and which included the Declaration and all subsequent Pleadings, together with the Demurrers, if any, the Verdict, and the Judgment. These Four Elements formed the Common-Law Record, but it should be observed that at the point where the Retrospective Motions come into play, the Record has not been developed beyond the Stage of Entering the Verdict upon the Roll.\nAt this point it should also be recalled that between the time when the Pleadings Terminated in an issue, which Joined in Issue was duly Recorded on the Parchment Roll, and the time when an Entry of the Verdict was made, nothing was Recorded on the Parchment Roll. The reason for this was that between the Joinder of Issue and the Rendition of the Verdict, the Trial takes place, and what occurs during this Trial does not Appear upon the Face of the Common-Law Record. Thus, Offers and Rejection of Evidence, the Court’s Instruction of the Jury, or its Refusal to instruct as requested by counsel, or any Misconduct Connected with the Trial, such as Prejudicial Remarks on the Part of the Court, and the like – that is – any Error that occurs at the Trial – cannot be corrected by resort to the Common-Law Record because not Apparent on its Face.\nSuch Errors were preserved only in the notes [minutes] made by the Presiding Judge, or in his memory, and were reviewable, after Verdict and before Final Judgment, by a Motion for New Trial made before the Court En Banc at Westminster, within four days after the Commencement of the Next Term following the Rendition of the Verdict. As each of the Judges of the Court had Motions of a similar character coming up for decision from the Trials over which they had presided, the natural inclination of each Judge was to support the Rulings of his brother Jurists, and thus Overrule the Motion for a New Trial. Furthermore, Errors that occurred at the Trial were not Reviewable after Judgment on Writ of Error, because Not Apparent on any one of the Four Parts of the Common-Law Record. To remedy this Defect, Parliament enacted Chapter 31 of the Statute of Westminster II in 1285, which provided for Review of such Errors through the use of what came to be known as a Bill of Exceptions.\nThus, it appears that in four out of five Retrospective Motions, the Court is permitted to consider only Defects Apparent Upon the Face of Part of the Common-Law Record – the Process, the Pleadings, and the Verdict – and Errors Occurring at the Trial were regarded as extraneous and not to be considered in rendering Judgment upon the Motions. Matters extraneous to or outside of the Record could be tested after Verdict and before Judgment only by a Motion for a New Trial. A distinction is made between Matter of Record and Matter of Exception. Matter of Record referring to those Errors Apparent upon the Face of the Common-Law Record and hence Reviewable after Final Judgment upon a Writ of Error, and Matter of Exception referring to those Errors which Occurred at the Trial, and were Not Apparent on the Face of the Common-Law Record, hence Reviewable after Final Judgment only by incorporating such Errors into the Record by means of a Bill of Exceptions, as authorized by Chapter 31 of the Statute of Westminster II in 1285.”225\n\nWe can conclude from this selection of Koffler’s writings on the Court of Record that it consists of four parts. The first procedure is to gain jurisdiction over the defendant in any case. After jurisdiction is gained by the court, allowing them to hear and see the case, then pleadings are set forth, in which the plaintiff and defendant argue their position in a specific format. Following the various motions of the pleadings is the trial to see and hear each parties case, and the matter of adjudicating the facts and law pertaining to the subject-matter and personam of the defendant, otherwise known as the verdict, which is concluded by a tribunal independent of the magistrate. After this necessary and ancient due process of the law, a judgment is awarded based upon the final verdict.\n\nAlthough all courts are not operating or proceeding as a Court of Record, this is the foundation of any proceeding in law. Any court process that you encounter will consist of one of these elements, whether it is a nisi prius, military tribunal, maritime/ admiralty, or any other court of law. All courts follow administrative procedures. If you figure out the administrative procedures, you can gain some insight as to how to interact, both publicly and privately.\n\n[225 Koffler: Common Law Pleading, pg. 567-568 (1969)]",
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}jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings2018/02/01 18:42:00
jeremiahowenpublished a new post: an-american-perspective-common-law-proceedings
2018/02/01 18:42:00
| author | jeremiahowen |
| body | Chapter 3 - Courts §4. Common Law Proceedings In order to fully comprehend the legal significance of the Court of Record, some detailed writings as to their proceedings from “Koffler: Common Law Pleading” is supplied for an expanded clarity as to the functions and process. “The Common-Law Record consists of the Process, the Pleadings, the Verdict and the Judgment. After Judgment, such Errors were Reviewable by Writ of Error. Errors which occurred at the Trial were not part of the Common-Law Record, and could be Reviewed by a Motion, for a New Trial, after Verdict and before Judgment; by Statute, such Errors could be Reviewed after judgment by incorporating them into the Record by means of a Bill of Exceptions. It was therefore essential to keep clearly in mind the distinction between Matter of Record and Matter of Exception. Under the ancient practice, the Proceedings in a litigated case were Entered upon the Parchment Roll, and when this was completed, the end product became known as the Common-Law Record. It consisted of Four Parts, the Process, which included the Original Writ and the Return of the Sheriff, by which the Court acquired Jurisdiction over the defendant; the Pleadings, presented by the Parties in the prescribed order to develop an issue of Law or of Fact, and which included the Declaration and all subsequent Pleadings, together with the Demurrers, if any, the Verdict, and the Judgment. These Four Elements formed the Common-Law Record, but it should be observed that at the point where the Retrospective Motions come into play, the Record has not been developed beyond the Stage of Entering the Verdict upon the Roll. At this point it should also be recalled that between the time when the Pleadings Terminated in an issue, which Joined in Issue was duly Recorded on the Parchment Roll, and the time when an Entry of the Verdict was made, nothing was Recorded on the Parchment Roll. The reason for this was that between the Joinder of Issue and the Rendition of the Verdict, the Trial takes place, and what occurs during this Trial does not Appear upon the Face of the Common-Law Record. Thus, Offers and Rejection of Evidence, the Court’s Instruction of the Jury, or its Refusal to instruct as requested by counsel, or any Misconduct Connected with the Trial, such as Prejudicial Remarks on the Part of the Court, and the like – that is – any Error that occurs at the Trial – cannot be corrected by resort to the Common-Law Record because not Apparent on its Face. Such Errors were preserved only in the notes [minutes] made by the Presiding Judge, or in his memory, and were reviewable, after Verdict and before Final Judgment, by a Motion for New Trial made before the Court En Banc at Westminster, within four days after the Commencement of the Next Term following the Rendition of the Verdict. As each of the Judges of the Court had Motions of a similar character coming up for decision from the Trials over which they had presided, the natural inclination of each Judge was to support the Rulings of his brother Jurists, and thus Overrule the Motion for a New Trial. Furthermore, Errors that occurred at the Trial were not Reviewable after Judgment on Writ of Error, because Not Apparent on any one of the Four Parts of the Common-Law Record. To remedy this Defect, Parliament enacted Chapter 31 of the Statute of Westminster II in 1285, which provided for Review of such Errors through the use of what came to be known as a Bill of Exceptions. Thus, it appears that in four out of five Retrospective Motions, the Court is permitted to consider only Defects Apparent Upon the Face of Part of the Common-Law Record – the Process, the Pleadings, and the Verdict – and Errors Occurring at the Trial were regarded as extraneous and not to be considered in rendering Judgment upon the Motions. Matters extraneous to or outside of the Record could be tested after Verdict and before Judgment only by a Motion for a New Trial. A distinction is made between Matter of Record and Matter of Exception. Matter of Record referring to those Errors Apparent upon the Face of the Common-Law Record and hence Reviewable after Final Judgment upon a Writ of Error, and Matter of Exception referring to those Errors which Occurred at the Trial, and were Not Apparent on the Face of the Common-Law Record, hence Reviewable after Final Judgment only by incorporating such Errors into the Record by means of a Bill of Exceptions, as authorized by Chapter 31 of the Statute of Westminster II in 1285.”225 We can conclude from this selection of Koffler’s writings on the Court of Record that it consists of four parts. The first procedure is to gain jurisdiction over the defendant in any case. After jurisdiction is gained by the court, allowing them to hear and see the case, then pleadings are set forth, in which the plaintiff and defendant argue their position in a specific format. Following the various motions of the pleadings is the trial to see and hear each parties case, and the matter of adjudicating the facts and law pertaining to the subject-matter and personam of the defendant, otherwise known as the verdict, which is concluded by a tribunal independent of the magistrate. After this necessary and ancient due process of the law, a judgment is awarded based upon the final verdict. Although all courts are not operating or proceeding as a Court of Record, this is the foundation of any proceeding in law. Any court process that you encounter will consist of one of these elements, whether it is a nisi prius, military tribunal, maritime/ admiralty, or any other court of law. All courts follow administrative procedures. If you figure out the administrative procedures, you can gain some insight as to how to interact, both publicly and privately. [225 Koffler: Common Law Pleading, pg. 567-568 (1969)] |
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"body": "Chapter 3 - Courts\n\n§4. Common Law Proceedings\n\nIn order to fully comprehend the legal significance of the Court of Record, some detailed writings as to their proceedings from “Koffler: Common Law Pleading” is supplied for an expanded clarity as to the functions and process.\n\n“The Common-Law Record consists of the Process, the Pleadings, the Verdict and the Judgment. After Judgment, such Errors were Reviewable by Writ of Error. Errors which occurred at the Trial were not part of the Common-Law Record, and could be Reviewed by a Motion, for a New Trial, after Verdict and before Judgment; by Statute, such Errors could be Reviewed after judgment by incorporating them into the Record by means of a Bill of Exceptions. It was therefore essential to keep clearly in mind the distinction between Matter of Record and Matter of Exception.\nUnder the ancient practice, the Proceedings in a litigated case were Entered upon the Parchment Roll, and when this was completed, the end product became known as the Common-Law Record. It consisted of Four Parts, the Process, which included the Original Writ and the Return of the Sheriff, by which the Court acquired Jurisdiction over the defendant; the Pleadings, presented by the Parties in the prescribed order to develop an issue of Law or of Fact, and which included the Declaration and all subsequent Pleadings, together with the Demurrers, if any, the Verdict, and the Judgment. These Four Elements formed the Common-Law Record, but it should be observed that at the point where the Retrospective Motions come into play, the Record has not been developed beyond the Stage of Entering the Verdict upon the Roll.\nAt this point it should also be recalled that between the time when the Pleadings Terminated in an issue, which Joined in Issue was duly Recorded on the Parchment Roll, and the time when an Entry of the Verdict was made, nothing was Recorded on the Parchment Roll. The reason for this was that between the Joinder of Issue and the Rendition of the Verdict, the Trial takes place, and what occurs during this Trial does not Appear upon the Face of the Common-Law Record. Thus, Offers and Rejection of Evidence, the Court’s Instruction of the Jury, or its Refusal to instruct as requested by counsel, or any Misconduct Connected with the Trial, such as Prejudicial Remarks on the Part of the Court, and the like – that is – any Error that occurs at the Trial – cannot be corrected by resort to the Common-Law Record because not Apparent on its Face.\nSuch Errors were preserved only in the notes [minutes] made by the Presiding Judge, or in his memory, and were reviewable, after Verdict and before Final Judgment, by a Motion for New Trial made before the Court En Banc at Westminster, within four days after the Commencement of the Next Term following the Rendition of the Verdict. As each of the Judges of the Court had Motions of a similar character coming up for decision from the Trials over which they had presided, the natural inclination of each Judge was to support the Rulings of his brother Jurists, and thus Overrule the Motion for a New Trial. Furthermore, Errors that occurred at the Trial were not Reviewable after Judgment on Writ of Error, because Not Apparent on any one of the Four Parts of the Common-Law Record. To remedy this Defect, Parliament enacted Chapter 31 of the Statute of Westminster II in 1285, which provided for Review of such Errors through the use of what came to be known as a Bill of Exceptions.\nThus, it appears that in four out of five Retrospective Motions, the Court is permitted to consider only Defects Apparent Upon the Face of Part of the Common-Law Record – the Process, the Pleadings, and the Verdict – and Errors Occurring at the Trial were regarded as extraneous and not to be considered in rendering Judgment upon the Motions. Matters extraneous to or outside of the Record could be tested after Verdict and before Judgment only by a Motion for a New Trial. A distinction is made between Matter of Record and Matter of Exception. Matter of Record referring to those Errors Apparent upon the Face of the Common-Law Record and hence Reviewable after Final Judgment upon a Writ of Error, and Matter of Exception referring to those Errors which Occurred at the Trial, and were Not Apparent on the Face of the Common-Law Record, hence Reviewable after Final Judgment only by incorporating such Errors into the Record by means of a Bill of Exceptions, as authorized by Chapter 31 of the Statute of Westminster II in 1285.”225\n\nWe can conclude from this selection of Koffler’s writings on the Court of Record that it consists of four parts. The first procedure is to gain jurisdiction over the defendant in any case. After jurisdiction is gained by the court, allowing them to hear and see the case, then pleadings are set forth, in which the plaintiff and defendant argue their position in a specific format. Following the various motions of the pleadings is the trial to see and hear each parties case, and the matter of adjudicating the facts and law pertaining to the subject-matter and personam of the defendant, otherwise known as the verdict, which is concluded by a tribunal independent of the magistrate. After this necessary and ancient due process of the law, a judgment is awarded based upon the final verdict.\n\nAlthough all courts are not operating or proceeding as a Court of Record, this is the foundation of any proceeding in law. Any court process that you encounter will consist of one of these elements, whether it is a nisi prius, military tribunal, maritime/ admiralty, or any other court of law. All courts follow administrative procedures. If you figure out the administrative procedures, you can gain some insight as to how to interact, both publicly and privately.\n\n[225 Koffler: Common Law Pleading, pg. 567-568 (1969)]",
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}jeremiahowenpublished a new post: an-american-perspective-courts-of-record2018/02/01 16:40:24
jeremiahowenpublished a new post: an-american-perspective-courts-of-record
2018/02/01 16:40:24
| author | jeremiahowen |
| body | @@ -1,8 +1,28 @@ +Chapter 3 - Courts%0A%0A %C2%A73. Cour |
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}jeremiahowenpublished a new post: an-american-perspective-courts-of-record2018/02/01 16:35:09
jeremiahowenpublished a new post: an-american-perspective-courts-of-record
2018/02/01 16:35:09
| author | jeremiahowen |
| body | §3. Courts of Record In the distinction between the varieties of courts, we find that they can be classified and distinguished by the jurisdiction of law and the certain authorities or administrative responsibilities ascribed to them. They can also be divided between Courts of Record (Superior Courts) and Courts not of Record (Inferior Courts). Courts of Record are superior to Courts not of Record, and the judgments held within the former whose jurisdiction is final are superior to all others. “The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this [supreme(211)] court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it.”212 Courts of Record and Courts not of Record- “The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.”213 “A Court of Record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial.”214 Tribunal- The seat of a judge; the place where he administers justice. The whole body of judges who compose a jurisdiction; a judicial court; the jurisdiction which the judges exercise.215 So from the following definitions and Supreme Court decisions of a Court of Record, it is important to note that we find in order for a court to be a Court of Record it must have four characteristics, and may generally have a fifth, they are as such; [1] A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated to hold it(216) (judge is a magistrate and not the tribune); [2] Proceeding according to the course of common law(217) (not statutes or codes, etc.); [3] Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony(218); [4] Has power to fine or imprison for contempt(219); and, [5] Generally, possesses a seal(220). When we are a plaintiff in a Court of Record as one of the people, we retain complete authority of our court and are using the judicial system as an administrative facility to carry out our court procedure according to the course of the common law. As such, we should generally possess a seal that would be used for the affixed attestation of any legal documents of significance. Your seal can possess any number of things, although it should remain relatively “simple and sweet”, and have the word ‘seal’ somewhere on it. Seal- An impression upon wax, wafer, or some other tenacious substance capable of being impressed. In current practice, a particular sign (e.g. L.S.) or the word “seal” is made in lieu of an actual seal to attest the execution of the instrument.221 Private Seal- The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.222 Sealed instrument- An instrument of writing to which the party to be bound has affixed not only his name, but also his seal.223 “The affixing of a seal to a contract for sale or an offer to buy or sell goods does not make the writing a sealed instrument and the law of sealed instruments does not apply to such contract.”224 [211 Compiler’s insert 212 Ex parte Watkins, 3 Pet., at 202-203. [Cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)] 213 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231 214 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689 215 Webster’s New Practical Dictionary, pg. 707 – (1953) – G. & C. Merriam Co., Springfield, Mass. 216 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426 217 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426 218 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231 219 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426 220 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426 221 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) 222 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) 223 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) 224 U.C.C. § 2-203 (2005)] |
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"body": "§3. Courts of Record\n\nIn the distinction between the varieties of courts, we find that they can be classified and distinguished by the jurisdiction of law and the certain authorities or administrative responsibilities ascribed to them. They can also be divided between Courts of Record (Superior Courts) and Courts not of Record (Inferior Courts). Courts of Record are superior to Courts not of Record, and the judgments held within the former whose jurisdiction is final are superior to all others.\n\n“The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this [supreme(211)] court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it.”212\n\nCourts of Record and Courts not of Record- “The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.”213\n\n“A Court of Record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial.”214\n\nTribunal- The seat of a judge; the place where he administers justice. The whole body of judges who compose a jurisdiction; a judicial court; the jurisdiction which the judges exercise.215\n\nSo from the following definitions and Supreme Court decisions of a Court of Record, it is important to note that we find in order for a court to be a Court of Record it must have four characteristics, and may generally have a fifth, they are as such;\n[1] A judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated to hold it(216) (judge is a magistrate and not the tribune);\n[2] Proceeding according to the course of common law(217) (not statutes or codes, etc.);\n[3] Its acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony(218);\n[4] Has power to fine or imprison for contempt(219); and, \n[5] Generally, possesses a seal(220).\n\nWhen we are a plaintiff in a Court of Record as one of the people, we retain complete authority of our court and are using the judicial system as an administrative facility to carry out our court procedure according to the course of the common law. As such, we should generally possess a seal that would be used for the affixed attestation of any legal documents of significance. Your seal can possess any number of things, although it should remain relatively “simple and sweet”, and have the word ‘seal’ somewhere on it.\n\nSeal- An impression upon wax, wafer, or some other tenacious substance capable of being impressed. In current practice, a particular sign (e.g. L.S.) or the word “seal” is made in lieu of an actual seal to attest the execution of the instrument.221\nPrivate Seal- The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.222\nSealed instrument- An instrument of writing to which the party to be bound has affixed not only his name, but also his seal.223\n\n“The affixing of a seal to a contract for sale or an offer to buy or sell goods does not make the writing a sealed instrument and the law of sealed instruments does not apply to such contract.”224\n\n\n[211 Compiler’s insert\n212 Ex parte Watkins, 3 Pet., at 202-203. [Cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]\n213 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231\n214 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689\n215 Webster’s New Practical Dictionary, pg. 707 – (1953) – G. & C. Merriam Co., Springfield, Mass.\n216 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426\n217 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689; Black’s Law Dictionary, 4th Edition, pg. 425, 426\n218 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231\n219 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426\n220 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.. D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231; Black’s Law Dictionary, 4th Edition, pg. 425, 426\n221 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) \n222 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) \n223 Black’s Law Dictionary, 5th Edition, pg. 1210 (1979) \n224 U.C.C. § 2-203 (2005)]",
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}jeremiahowenpublished a new post: an-american-perspective-united-states-courts2018/02/01 16:12:09
jeremiahowenpublished a new post: an-american-perspective-united-states-courts
2018/02/01 16:12:09
| author | jeremiahowen |
| body | @@ -1,8 +1,28 @@ +Chapter 3 - Courts%0A%0A %C2%A72. Unit |
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}jeremiahowenpublished a new post: an-american-perspective-establishing-justice2018/02/01 16:11:42
jeremiahowenpublished a new post: an-american-perspective-establishing-justice
2018/02/01 16:11:42
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| body | @@ -1,13 +1,13 @@ -c +C hapter -2 +3 - Co |
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}jeremiahowenpublished a new post: an-american-perspective-united-states-courts2018/02/01 16:09:24
jeremiahowenpublished a new post: an-american-perspective-united-states-courts
2018/02/01 16:09:24
| author | jeremiahowen |
| body | §2. United States Courts Being that courts are the person and the suite (or, the witnesses or followers of the plaintiff) of the sovereign, and the only way to enforce judgment and legal sanctions on a guilty party through due process, or for someone to prove their innocence and be lawfully admonished from a claim, it has been held as an extremely important aspect of individual liberty. It is mentioned within the body of the Magna Carta that, “Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose his court.”202 In the preamble to the Constitution for the United States of America, it was decreed that one of the reasons for ordaining that instrument and the organizational structure of government was to establish justice. “Prior to the date of the Constitution, the people had not any national tribunal to which they could resort for justice; the distribution of justice was then confined to State judicatories, in whose institution and organization the people of the other States had no participation, and over whom they had not the least control. There was then no general court of appellate jurisdiction by whom the errors of State courts, affecting either the nation at large or the citizens of any other State, could be revised and corrected. Each State was obliged to acquiesce in the measure of justice, which another State might yield to her or to her citizens, and that even in cases where State considerations were not always favorable to the most exact measure. There was danger that, from this source, animosities would in time result, and as the transition from animosities to hostilities was frequent in the history of independent States, a common tribunal for the termination of controversies became desirable from motives both of justice and of policy. Prior also to that period, the United States had, by taking a place among the nations of the earth, become amenable to the laws of nations, and it was their interest as well as their duty to provide that those laws should be respected and obeyed; in their national character and capacity, the United States were responsible to foreign nations for the conduct of each State relative to the laws of nations and the performance of treaties, and there the inexpediency of referring all such questions to State courts, and particularly to the courts of delinquent States, became apparent. While all the States were bound to protect each and the citizens of each, it was highly proper and reasonable that they should be in a capacity not only to cause justice to be done to each and the citizens of each, but also to cause justice to be done by each and the citizens of each, and that not by violence and force, but in a stable, sedate, and regular course of judicial procedure.”203 The power that emanated from that was deemed the judicial branch, and was decreed within Article III of that instrument. “It may be asked, what is the precise sense and latitude in which the words "to establish justice," as here used, are to be understood? The answer to this question will result from the provisions made in the Constitution on this head. They are specified in the second section of the third article, where it is ordained that the judicial power of the United States shall extend to ten descriptions of cases, viz.,..”204 “Article III, Sect. 1 The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Sect. 2 The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a state and citizens of another state, between citizens of different States, between citizens of the same state claiming lands under grants of different States, and between a state, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress may by law have directed.”205 “Even this cursory view of the judicial powers of the United States leaves the mind strongly impressed with the importance of them to the preservation of the tranquillity, the equal sovereignty, and the equal right of the people.”206 They further defined the courts and various officers and oaths in the judiciary act of 1789 (207), and continued to define and expand the federal judiciary power through acts up until the recent Federal Circuit Act of 1982 (208). The superior and inferior courts were divided into the jurisdictions of districts and circuits with allotted cognizance to specified subject matter, as mentioned in Article III, section 2 of the U.S. constitution, and laid the system of the appellate process in place. The appellate system is a call for a higher authority to review the decisions and judgments of a court of inferior rank. Appellate- Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications.209 Appeal- Resort to a superior court to review the decision of an inferior court or administrative agency. There are two stages of appeal in the federal and many state court systems; to wit, appeal from trial court to intermediate appellate court and then to Supreme Court.210 [202 Magna Carta – The Great Charter – Article 34 (1215) 203 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 474 204 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 475 205 Constitution for the United States of America, Article III, Sections 2 & 3 206 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 476 207 The Judiciary Act of 1789: "An Act to establish the Judicial Courts of the United States." 1 Stat. 73. (September 24, 1789). 208 The U.S. Court of Appeals for the Federal Circuit: "An Act To establish a United States Court of Appeals for the Federal Circuit, to establish a United States Claims Court, and for other purposes." 96 Stat. 25. (April 2, 1982). 209 Black’s Law Dictionary, 5th Edition, pg. 89 (1979) 210 Black’s Law Dictionary, 5th Edition, pg. 88 (1979)] |
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"body": "§2. United States Courts\n\nBeing that courts are the person and the suite (or, the witnesses or followers of the plaintiff) of the sovereign, and the only way to enforce judgment and legal sanctions on a guilty party through due process, or for someone to prove their innocence and be lawfully admonished from a claim, it has been held as an extremely important aspect of individual liberty. It is mentioned within the body of the Magna Carta that, “Henceforth the writ which is called Praecipe shall not be served on any one for any holding so as to cause a free man to lose his court.”202\n\nIn the preamble to the Constitution for the United States of America, it was decreed that one of the reasons for ordaining that instrument and the organizational structure of government was to establish justice.\n\n“Prior to the date of the Constitution, the people had not any national tribunal to which they could resort for justice; the distribution of justice was then confined to State judicatories, in whose institution and organization the people of the other States had no participation, and over whom they had not the least control. There was then no general court of appellate jurisdiction by whom the errors of State courts, affecting either the nation at large or the citizens of any other State, could be revised and corrected. Each State was obliged to acquiesce in the measure of justice, which another State might yield to her or to her citizens, and that even in cases where State considerations were not always favorable to the most exact measure. There was danger that, from this source, animosities would in time result, and as the transition from animosities to hostilities was frequent in the history of independent States, a common tribunal for the termination of controversies became desirable from motives both of justice and of policy.\nPrior also to that period, the United States had, by taking a place among the nations of the earth, become amenable to the laws of nations, and it was their interest as well as their duty to provide that those laws should be respected and obeyed; in their national character and capacity, the United States were responsible to foreign nations for the conduct of each State relative to the laws of nations and the performance of treaties, and there the inexpediency of referring all such questions to State courts, and particularly to the courts of delinquent States, became apparent. While all the States were bound to protect each and the citizens of each, it was highly proper and reasonable that they should be in a capacity not only to cause justice to be done to each and the citizens of each, but also to cause justice to be done by each and the citizens of each, and that not by violence and force, but in a stable, sedate, and regular course of judicial procedure.”203\n\nThe power that emanated from that was deemed the judicial branch, and was decreed within Article III of that instrument.\n\n“It may be asked, what is the precise sense and latitude in which the words \"to establish justice,\" as here used, are to be understood? The answer to this question will result from the provisions made in the Constitution on this head. They are specified in the second section of the third article, where it is ordained that the judicial power of the United States shall extend to ten descriptions of cases, viz.,..”204\n\n“Article III, Sect. 1 The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.\nSect. 2 The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a state and citizens of another state, between citizens of different States, between citizens of the same state claiming lands under grants of different States, and between a state, or the citizens thereof, and foreign States, citizens or subjects.\nIn all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress may by law have directed.”205\n\n“Even this cursory view of the judicial powers of the United States leaves the mind strongly impressed with the importance of them to the preservation of the tranquillity, the equal sovereignty, and the equal right of the people.”206\n\nThey further defined the courts and various officers and oaths in the judiciary act of 1789 (207), and continued to define and expand the federal judiciary power through acts up until the recent Federal Circuit Act of 1982 (208). The superior and inferior courts were divided into the jurisdictions of districts and circuits with allotted cognizance to specified subject matter, as mentioned in Article III, section 2 of the U.S. constitution, and laid the system of the appellate process in place. The appellate system is a call for a higher authority to review the decisions and judgments of a court of inferior rank.\n\nAppellate- Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications.209\nAppeal- Resort to a superior court to review the decision of an inferior court or administrative agency. There are two stages of appeal in the federal and many state court systems; to wit, appeal from trial court to intermediate appellate court and then to Supreme Court.210\n\n\n[202 Magna Carta – The Great Charter – Article 34 (1215)\n203 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 474 \n204 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 475 \n205 Constitution for the United States of America, Article III, Sections 2 & 3\n206 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 476\n207 The Judiciary Act of 1789: \"An Act to establish the Judicial Courts of the United States.\" 1 Stat. 73. (September 24, 1789).\n208 The U.S. Court of Appeals for the Federal Circuit: \"An Act To establish a United States Court of Appeals for the Federal Circuit, to establish a United States Claims Court, and for other purposes.\" 96 Stat. 25. (April 2, 1982).\n209 Black’s Law Dictionary, 5th Edition, pg. 89 (1979) \n210 Black’s Law Dictionary, 5th Edition, pg. 88 (1979)]",
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}jeremiahowenpublished a new post: an-american-perspective-establishing-justice2018/02/01 15:56:15
jeremiahowenpublished a new post: an-american-perspective-establishing-justice
2018/02/01 15:56:15
| author | jeremiahowen |
| body | chapter 2- Courts §1. Establishing Justice In order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land. Judge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184 Magistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185 “In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186 The term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges. “The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187 For instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies). Adjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188 Adjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189 Adjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190 Adjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191 Bailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Special bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit. Bailiff-errant- A bailiff’s deputy.192 Sheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193 Clerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings. Person employed in public office whose duties include keeping records or accounts.194 Record- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195 “Minutes are not considered as any part of the record.”196 Court- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197 Court- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198 Suit- The witnesses or followers of the plaintiff.199 “A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200 SUIT vs. SUITE201 The last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth Edition. I use it and older dictionaries to look up the law. Black's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law. In the Revised Fourth Edition, definitions run thus: Court - International Law. The person and suite of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - Old English Law. The witnesses or followers of the plaintiff. Modern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Follow - To conform to, comply with, or be fixed or determined by... File - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same. In the Fifth Edition (1979), definitions run thus: Court - The person and suit of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Old English Law - The witnesses or followers of the plaintiff. Follow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority. File - A record of the court. In olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy. [184 Black’s Law Dictionary, 5th Edition, pg.754 (1979) 185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979) 186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972) 187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874) 188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) 190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979) 192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979) 193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979) 194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979) 195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63 196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870) 197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936) 198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) 199 3 Blackstone’s Commentaries 295. See Secta; 200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897 201 Bill Thornton, The Nitty Gritty Law School, 1215.org] |
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"body": "chapter 2- Courts\n\n§1. Establishing Justice\n\nIn order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land.\n\nJudge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184\n\nMagistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185\n“In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186\nThe term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges.\n“The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187\n\nFor instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies).\n\nAdjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188\nAdjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189\nAdjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190\nAdjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191\n\nBailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof.\nSpecial bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.\nBailiff-errant- A bailiff’s deputy.192\n\nSheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193\n\nClerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings.\nPerson employed in public office whose duties include keeping records or accounts.194\n\nRecord- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195\n\n“Minutes are not considered as any part of the record.”196\n\nCourt- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197\n\nCourt- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198\n\nSuit- The witnesses or followers of the plaintiff.199\n\n“A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200\n\nSUIT vs. SUITE201\n\nThe last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth\nEdition. I use it and older dictionaries to look up the law. Black's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law.\n\nIn the Revised Fourth Edition, definitions run thus:\nCourt - International Law. The person and suite of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - Old English Law. The witnesses or followers of the plaintiff.\nModern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\nFollow - To conform to, comply with, or be fixed or determined by...\nFile - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same.\n\nIn the Fifth Edition (1979), definitions run thus:\nCourt - The person and suit of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\n\nOld English Law - The witnesses or followers of the plaintiff.\nFollow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority.\nFile - A record of the court.\n\nIn olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy.\n\n\n[184 Black’s Law Dictionary, 5th Edition, pg.754 (1979)\n185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979)\n186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972)\n187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874)\n188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) \n190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979)\n192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979)\n193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979)\n194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979)\n195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63\n196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870)\n197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936)\n198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) \n199 3 Blackstone’s Commentaries 295. See Secta;\n200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897\n201 Bill Thornton, The Nitty Gritty Law School, 1215.org]",
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}jeremiahowenpublished a new post: an-american-perspective-establishing-justice2018/02/01 15:55:45
jeremiahowenpublished a new post: an-american-perspective-establishing-justice
2018/02/01 15:55:45
| author | jeremiahowen |
| body | chapter 2- Courts §1. Establishing Justice In order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land. Judge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184 Magistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185 “In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186 The term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges. “The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187 For instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies). Adjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188 Adjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189 Adjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190 Adjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191 Bailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Special bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit. Bailiff-errant- A bailiff’s deputy.192 Sheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193 Clerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings. Person employed in public office whose duties include keeping records or accounts.194 Record- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195 “Minutes are not considered as any part of the record.”196 Court- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197 Court- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198 Suit- The witnesses or followers of the plaintiff.199 “A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200 SUIT vs. SUITE201 The last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth Edition. I use it and older dictionaries to look up the law. Black's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law. In the Revised Fourth Edition, definitions run thus: Court - International Law. The person and suite of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - Old English Law. The witnesses or followers of the plaintiff. Modern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Follow - To conform to, comply with, or be fixed or determined by... File - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same. In the Fifth Edition (1979), definitions run thus: Court - The person and suit of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Old English Law - The witnesses or followers of the plaintiff. Follow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority. File - A record of the court. In olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy. [184 Black’s Law Dictionary, 5th Edition, pg.754 (1979) 185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979) 186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972) 187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874) 188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) 190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979) 192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979) 193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979) 194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979) 195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63 196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870) 197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936) 198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) 199 3 Blackstone’s Commentaries 295. See Secta; 200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897 201 Bill Thornton, The Nitty Gritty Law School, 1215.org] |
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"body": "chapter 2- Courts\n\n§1. Establishing Justice\n\nIn order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land.\n\nJudge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184\n\nMagistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185\n“In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186\nThe term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges.\n“The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187\n\nFor instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies).\n\nAdjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188\nAdjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189\nAdjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190\nAdjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191\n\nBailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof.\nSpecial bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.\nBailiff-errant- A bailiff’s deputy.192\n\nSheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193\n\nClerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings.\nPerson employed in public office whose duties include keeping records or accounts.194\n\nRecord- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195\n\n“Minutes are not considered as any part of the record.”196\n\nCourt- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197\n\nCourt- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198\n\nSuit- The witnesses or followers of the plaintiff.199\n\n“A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200\n\nSUIT vs. SUITE201\n\nThe last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth\nEdition. I use it and older dictionaries to look up the law. Black's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law.\n\nIn the Revised Fourth Edition, definitions run thus:\nCourt - International Law. The person and suite of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - Old English Law. The witnesses or followers of the plaintiff.\nModern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\nFollow - To conform to, comply with, or be fixed or determined by...\nFile - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same.\n\nIn the Fifth Edition (1979), definitions run thus:\nCourt - The person and suit of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\n\nOld English Law - The witnesses or followers of the plaintiff.\nFollow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority.\nFile - A record of the court.\n\nIn olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy.\n\n\n[184 Black’s Law Dictionary, 5th Edition, pg.754 (1979)\n185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979)\n186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972)\n187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874)\n188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) \n190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979)\n192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979)\n193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979)\n194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979)\n195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63\n196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870)\n197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936)\n198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) \n199 3 Blackstone’s Commentaries 295. See Secta;\n200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897\n201 Bill Thornton, The Nitty Gritty Law School, 1215.org]",
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}jeremiahowenpublished a new post: an-american-perspective-chapter-3-courts2018/02/01 15:38:09
jeremiahowenpublished a new post: an-american-perspective-chapter-3-courts
2018/02/01 15:38:09
| author | jeremiahowen |
| body | An American Perspective is a seven part treatise that I constructed in the winter of 2013-2014 that covers the topics of the history, development and proceedings of American common law with supplementary legal cases, definitions and explanations of monumental instruments and decrees of Law, as well as the distribution and exercise of volition. The goal of this treatise is to build awareness of our inherent right to rule supremely over our body, our mind and our property, while supplying monumental legal cases and decisions in support of this notion. The treatise then goes on to show legal theory, conduct and application as one of the People in a court of record, and also briefly touches upon various snares and pitfalls to avoid. This is an embarkment of expressing my personal views and findings in the great American experiment and is not to be construed as professional legal advice in any way. This is for entertainment, educational and informational purposes only. I cannot, will not, do not give legal advice, as we all have to make our own decisions and grow through due diligence. Thank you and God bless 3: Courts ..................................................................... §1 -------------------------------------------------- Establishing Justice §2 ------------------------------------------------- United States Courts §3 ----------------------------------------------------- Courts of Record §4 ----------------------------------------- Common Law Proceedings §5 ------------------------------------------------------------- Disclosure |
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"body": "An American Perspective is a seven part treatise that I constructed in the winter of 2013-2014 that covers the topics of the history, development and proceedings of American common law with supplementary legal cases, definitions and explanations of monumental instruments and decrees of Law, as well as the distribution and exercise of volition.\n\nThe goal of this treatise is to build awareness of our inherent right to rule supremely over our body, our mind and our property, while supplying monumental legal cases and decisions in support of this notion. The treatise then goes on to show legal theory, conduct and application as one of the People in a court of record, and also briefly touches upon various snares and pitfalls to avoid.\n\nThis is an embarkment of expressing my personal views and findings in the great American experiment and is not to be construed as professional legal advice in any way. This is for entertainment, educational and informational purposes only. I cannot, will not, do not give legal advice, as we all have to make our own decisions and grow through due diligence.\n\nThank you and God bless\n\n3: Courts .....................................................................\n\n§1 -------------------------------------------------- Establishing Justice \n§2 ------------------------------------------------- United States Courts \n§3 ----------------------------------------------------- Courts of Record \n§4 ----------------------------------------- Common Law Proceedings \n§5 ------------------------------------------------------------- Disclosure",
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2018/02/01 15:36:00
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}jeremiahowenreceived 0.012 SBD, 0.003 SP author reward for @jeremiahowen / an-american-perspective-the-american-revolution2018/01/28 22:40:57
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}jeremiahowenpublished a new post: an-american-perspective-chapter-3-court-establishing-justice2018/01/27 14:47:30
jeremiahowenpublished a new post: an-american-perspective-chapter-3-court-establishing-justice
2018/01/27 14:47:30
| author | jeremiahowen |
| body | Chapter 3- Court §1. Establishing Justice In order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land. Judge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184 Magistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185 “In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186 The term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges. “The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187 For instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies). Adjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188 Adjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189 Adjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190 Adjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191 Bailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof. Special bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit. Bailiff-errant- A bailiff’s deputy.192 Sheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193 Clerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings. Person employed in public office whose duties include keeping records or accounts.194 Record- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195 “Minutes are not considered as any part of the record.”196 Court- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197 Court- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198 Suit- The witnesses or followers of the plaintiff.199 “A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200 SUIT vs. SUITE201 The last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth Edition. I use it and older dictionaries to look up the law. Black's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law. In the Revised Fourth Edition, definitions run thus: Court - International Law. The person and suite of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - Old English Law. The witnesses or followers of the plaintiff. Modern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Follow - To conform to, comply with, or be fixed or determined by... File - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same. In the Fifth Edition (1979), definitions run thus: Court - The person and suit of the sovereign; ... Suite - Those persons who by his authority follow or attend an ambassador or other public minister. Suit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law. Old English Law - The witnesses or followers of the plaintiff. Follow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority. File - A record of the court. In olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy. [184 Black’s Law Dictionary, 5th Edition, pg.754 (1979) 185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979) 186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972) 187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874) 188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) 190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979) 191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979) 192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979) 193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979) 194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979) 195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63 196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870) 197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936) 198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) 199 3 Blackstone’s Commentaries 295. See Secta; 200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897 201 Bill Thornton, The Nitty Gritty Law School, 1215.org] |
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"body": "Chapter 3- Court\n\n§1. Establishing Justice\n\nIn order to enforce and administer justice throughout the realm and jurisdiction of the kingdoms and legislators, courts were attended to. They were to be administered by judges or magistrates, bailiffs, sheriffs, clerks and other administrative officers, and were to be the mirror image of the king and the existing laws of the land.\n\nJudge- An officer so named in his commission, who presides in some court; a public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceeding and the decision of questions of law or discretion.184\n\nMagistrate- The term in its generic sense refers to a person clothed with power as a public civil officer, or a public civil officer invested with executive or judicial power.185\n\n“In a general sense, a “magistrate” is a public officer, possessing such power, legislative, executive, or judicial, as government appointing him may ordain, although in a narrow sense he is regarded as an inferior judicial officer.”186\nThe term ‘judge’ can be used interchangeably with justice or court, and they can be deemed as a clerk of the court. While all judges can be considered as magistrates, not all magistrates are judges.\n“The word “magistrate” does not necessarily imply an officer exercising any judicial functions, and might very well be held to embrace notaries and commissioners of deeds.”187\n\nFor instance, in the structure of a common law court of record, the magistrate is independent of the tribunal, and the act of adjudication, or ‘judging’ of the law and facts, lies either in the sovereign (plaintiff) independently, or in a fully empowered jury (not paid by the governmental agencies).\n\n\nAdjudge- To pass on judicially, to decide, settle, or decree, or to sentence or condemn. Judgment of a court of competent jurisdiction; equivalent of a court of competent jurisdiction; equivalent of convicted and sentenced. Implies a judicial determination of a fact, and the entry of a judgment.188\n\nAdjudicate- To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense.189\n\nAdjudication- The formal giving or pronouncing a judgment or decree in a cause; also the judgment given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a “determination.” Contemplates that the claims of all the parties thereto have been considered and set at rest.190\n\nAdjudicatory Process- Method of adjudicating factual disputes; used generally in reference to administrative proceedings in contrast to judicial proceedings.191\n\nBailiff- A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court. One to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. One who is deputed or appointed to take charge of another’s affairs; an overseer or superintendent; a keeper, protector, or guardian; a steward. A person acting in a ministerial capacity who has by delivery the custody and administration of lands or goods for the benefit of the owner or bailor, and is liable to render an account thereof.\nSpecial bailiff- A deputy sheriff, appointed at the request of a party to a suit, for the special purpose of serving or executing some writ or process in such suit.\nBailiff-errant- A bailiff’s deputy.192\n\nSheriff- The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction. When used in statutes, the term may include a deputy sheriff. He is in general charge of the county jail in most states.193\n\n\nClerk- Officer of court who files pleadings, motions, judgments, etc. issues process, and keeps records of court proceedings.\nPerson employed in public office whose duties include keeping records or accounts.194\n\nRecord- The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own guidance in making up his record is not a record.195\n“Minutes are not considered as any part of the record.”196\n\nCourt- “An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”197\n\nCourt- The person and suit of the sovereign; the place where the sovereign sojourns with his legal retinue, wherever that may be.198\n\nSuit- The witnesses or followers of the plaintiff.199\n“A generic term, of comprehensive signification, and applies to any proceeding by one person or persons against another or others in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the enforcement of a right, whether at law or in equity.200\n\nSUIT vs. SUITE201\nThe last half-way decent law dictionary is Black's Law Dictionary, Revised Fourth\nEdition. I use it and older dictionaries to look up the law.\n\nBlack's Law Dictionary, Fifth Edition and later, is more oriented toward policy. It is somewhat short regarding common law.\nIn the Revised Fourth Edition, definitions run thus:\nCourt - International Law. The person and suite of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - Old English Law. The witnesses or followers of the plaintiff.\nModern Law- A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\nFollow - To conform to, comply with, or be fixed or determined by...\nFile - A record of the court. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe- keeping and ready turning to the same.\n\nIn the Fifth Edition (1979), definitions run thus:\nCourt - The person and suit of the sovereign; ...\nSuite - Those persons who by his authority follow or attend an ambassador or other public minister.\nSuit - A generic term...the enforcement of a right, whether at law or in equity... sometimes restricted to the designation of a proceeding in equity to distinguish such proceeding from an action at law.\nOld English Law - The witnesses or followers of the plaintiff.\nFollow - To conform to, comply with, or be fixed or determined by... To seek to obtain; to accept as authority.\nFile - A record of the court.\n\nIn olden days the king's castle court consisted of the king and his suite of courtiers. Because only the priests could write, the court record was in the memories of the King and his suite of courtiers. Later, the courtiers and their memories morphed into sheets of paper placed in a bag, which the clerk hung on a file in a closet. Sometime between the Fourth and Fifth Editions of Black’s Law Dictionaries, the spellings and meanings of the words were slightly modified in favor of statutory policy.\n\n\n[184 Black’s Law Dictionary, 5th Edition, pg.754 (1979)\n185 Black’s Law Dictionary, 5th Edition, pg. 857 (1979)\n186 Shadwick v. City of Tampa, Fla., 250 So.2d 4,5 (1972)\n187 Schultz v. Merchants’ Ins. Co., 57 Mo. 336 (1874)\n188 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n189 U. S. v. Irvin, 127 U.S. 125, 8 S.Ct. 1033, 32 L.Ed. 99 (1996) \n190 Black’s Law Dictionary, 5th Edition, pg. 39 (1979)\n191 Black’s Law Dictionary, 5th Edition, pg. 40 (1979)\n192 Black’s Law Dictionary, 5th Edition, pg. 129 (1979)\n193 Black’s Law Dictionary, 5th Edition, pg. 1234 (1979)\n194 Black’sLaw Dictionary, 5th Edition, pg. 229 (1979)\n195 4 Wash. C. C. 698. See 10 Penn. St. 157; 2 Pick. Mass. 448; 4 N. II. 450; 6 id. 567; 5 Ohio St. 545; 3 Wend. N.Y. 267; 2 Vt. 573; 6 id. 580; 5 Day, Conn. 363; 3 T. B. Monr. Ky. 63\n196 1 Ohio, 268. See 23 Pick. Mass. 184; Bouvier’s Law Dictionary, 14th Edition – (1870)\n197 Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070, Tex. Civ. App.—Eastland, no writ. (1936)\n198 Black’s Law Dictionary, 5th Edition, pg. 425 (1979) \n199 3 Blackstone’s Commentaries 295. See Secta;\n200 See, Kohl v. U.S., 91 U.S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Syracuse Plaster Co. v. Agostini Bros. Bldg. Corporation, 169 Misc. 564 7 N. Y. S. 2d 897\n201 Bill Thornton, The Nitty Gritty Law School, 1215.org]",
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}elhombreguapoupvoted (100.00%) @jeremiahowen / an-american-perspective-liberty-responsibility2018/01/27 06:06:03
elhombreguapoupvoted (100.00%) @jeremiahowen / an-american-perspective-liberty-responsibility
2018/01/27 06:06:03
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}jeremiahowenreceived 0.209 SBD, 0.047 SP author reward for @jeremiahowen / acrylic-painting-process-of-new-york-city-central-park-on-index-card2018/01/26 22:02:39
jeremiahowenreceived 0.209 SBD, 0.047 SP author reward for @jeremiahowen / acrylic-painting-process-of-new-york-city-central-park-on-index-card
2018/01/26 22:02:39
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}jeremiahowenreceived 0.045 SBD, 0.011 SP author reward for @jeremiahowen / an-american-perspective-a-republic2018/01/26 20:28:27
jeremiahowenreceived 0.045 SBD, 0.011 SP author reward for @jeremiahowen / an-american-perspective-a-republic
2018/01/26 20:28:27
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}jeremiahowenfollowed @crankyfingers2472018/01/25 19:01:45
jeremiahowenfollowed @crankyfingers247
2018/01/25 19:01:45
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2018/01/25 19:01:39
| author | jeremiahowen |
| body | Thanks! Hopefully some hodling will make that happen! |
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2018/01/25 18:00:51
| author | crankyfingers247 |
| body | Nice piece feels like I'm on a vacation on a secluded island |
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}crankyfingers247upvoted (100.00%) @jeremiahowen / a-cliff-by-the-ocean-acrylic-on-index2018/01/25 17:59:57
crankyfingers247upvoted (100.00%) @jeremiahowen / a-cliff-by-the-ocean-acrylic-on-index
2018/01/25 17:59:57
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}jeremiahowenpublished a new post: a-cliff-by-the-ocean-acrylic-on-index2018/01/25 17:54:42
jeremiahowenpublished a new post: a-cliff-by-the-ocean-acrylic-on-index
2018/01/25 17:54:42
| author | jeremiahowen |
| body |  I start with a nice primary palette of acrylics, some black, aquamarine and phthalo blue, primary and medium cadmium red, medium and light cadmium yellow, beige and white.  Here I laid in all of the base, and focused on some color patterns on the cliffs.  I added a little more shade and detail in the cliff, bringing out the rocks and foliage, and also laid in the sea foam from the receding wave.  I then added a light touch of waves on the water.  And here's the final product!   |
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| title | A Cliff by the Ocean- Acrylic on Index |
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}jeremiahowenpublished a new post: an-american-perspective-ucc2018/01/25 17:36:06
jeremiahowenpublished a new post: an-american-perspective-ucc
2018/01/25 17:36:06
| author | jeremiahowen |
| body | Chapter 2- Law §10. UCC The suggested laws and standardization of commercial transactions throughout the international commercial community are known as the Uniform Commercial Code, or “UCC”.175 “The UCC was one of many uniform codes that grew out of a late nineteenth- century movement toward uniformity among state laws. By 1967, the District of Columbia and all the states, with the exception of Louisiana, had adopted the UCC in whole or in part. Louisiana eventually adopted all the articles in the UCC except articles 2 and 2A. The UCC is divided into nine articles, each containing provisions that relate to a specific area of Commercial Law. Article 1, General Provisions, provides definitions and general principles that apply to the entire code. Article 2 covers the sale of goods. Article 3, Commercial Paper, addresses negotiable instruments, such as promissory notes and checks. Article 4 deals with banks and their handling of checks and other financial documents. Article 5 provides model laws on letters of credit, which are promises by a bank or some other party to pay the purchases of a buyer without delay and without reference to the buyer's financial solvency. Article 6, on bulk transfers, imposes an obligation on buyers who order the major part of the inventory for certain types of businesses. Most notably, article 6 provisions require that such buyers notify creditors of the seller of the inventory so that creditors can take steps to see that the seller pays her debts when she receives payments from the buyer. Article 7 offers rules on the relationships between buyers and sellers and any transporters of goods, called carriers. These rules primarily cover the issuance and transfer of warehouse receipts and bills of lading. A bill of lading is a document showing that the carrier has delivered an item to a buyer. Article 8 contains rules on the issuance and transfer of stocks, bonds, and other investment Securities. Article 9, Secured Transactions, covers security interests in real property. A security interest is a partial or total claim to a piece of property to secure the performance of some obligation, usually the payment of a debt. This article identifies when and how a secured interest may be created and the rights of the creditor to foreclose on the property if the debtor defaults on his obligation. The article also establishes which creditors can collect first from a defaulting debtor. 176 The [American Law Institute] ALI and the [National Conference of Commissioners on Uniform State Laws] NCCUSL periodically review and revise the UCC. Since the code was originally devised, the House of Delegates of the American Bar Association has approved two additional articles: article 2A on Personal Property leases, and article 4A on fund transfers. Article 2A establishes model rules for the leasing or renting of personal property (as opposed to real property, such as houses and apartments). Article 4A covers transfers of funds from one party to another party through a bank. This article is intended to address the issues that arise with the use of new technologies for handling money.177 Most states have adopted at least some of the provisions in the UCC. The least popular article has been article 6 on bulk transfers. These provisions require the reporting of payments made, which many legislators consider an unnecessary intrusion on commercial relationships.178 UCC §1-103. Construction of [Act] to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relativeto capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating and invalidating cause supplement its provisions.179 The constitution allotted congress the ability to pass all laws for the internal regulations of the national government, for the standardization of interstate commerce, and for a uniformed system of the distribution of justice for cases arising in common law, equity and admiralty jurisdictions. Many people are accustomed to the view of absolutism, perhaps through social fashions and customary procedures, and many will comfortably wish to remain within such parameters, but the contextual limitations of power are based solely off of consent and jurisdiction. UCC 1-308 allots the reservation of rights not specified to the signatory of any contract entered, and can be very important in the sea of commerce. Uniform Commercial Code › U.C.C. - ARTICLE 1 - GENERAL PROVISIONS (2001) › PART 3. TERRITORIAL APPLICABILITY AND GENERAL RULES › § 1-308. Performance or Acceptance Under Reservation of Rights. § 1-308. Performance or Acceptance Under Reservation of Rights. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient. “The general rule is that an unconstitutional statute, whether Federal or State, though having the form and name of law is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the enactment and not merely from the date of the decision so braining it. An unconstitutional law in legal contemplation is as inoperative as if it never had been passed. Such a statute gives a question that it purports to settle just as it would be had the statute not ever been enacted. No repeal of an enactment is necessary, since unconstitutional law is void. The general principles follow that it imposes no duty, confers no rights, creates no office, bestows no power of authority on anyone, affords no protection and justifies no acts performed under it. A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. No one is bound to obey an unconstitutional law. No courts are bound to enforce it. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. A void act cannot be legally inconsistent with a valid one and an unconstitutional law cannot operate to supersede an existing valid law. Indeed, in so far as a statute runs counter to the fundamental law of the land, it is superseded thereby. Since an unconstitutional statute cannot repeal, or in anyway effect an existing one, if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect and where a clause repealing a prior law is inserted in the act, which act is unconstitutional and void, the provision of the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. The general principle stated above applied to the constitution as well as the laws of the several states insofar as they are repugnant to the constitution and laws of the United States.”180 "Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."181 “What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. And what is this liberty which must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not freedom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few; as we have learned to our sorrow.” 182 "The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury."183 [175 Further readings: Benfield, Marion W., Jr., and William D. Hawkland. (1992). Sales: Cases and Materials. 3d ed. Westbury, N.Y.: Foundation Press; "Annual Survey of Commercial Law: The Uniform Commercial Code Survey." (2003). Business Lawyer 58 (August). Cooper, Corinne, ed. (2000). The Portable UCC. 3d ed. Chicago: Section of Business Law, American Bar Association; Miller, Frederick H., and Alvin C. Harrell. (2002). The ABCs of the UCC. Related Insolvency Law. Chicago: American Bar Association. 176 The Portable UCC Fourth Edition (2005) 177 The Portable UCC Fourth Edition (2005) 178 West's Encyclopedia of American Law, edition 2 (1997) 179 The Portable UCC Fourth Edition, (2005), pg. 2, Article 1, Part 1, §1-103 180 16Am Jur 2., Sec. 256 (1962) 181 Olmstead v. United States, (1928) 277 U.S. 438 182 The Spirit of Liberty, by Judge Billings Learned Hand, pg. 190 (1952) 183 Owen v. City of Independence, 100 S.Ct 1398 (1980)] |
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"body": "Chapter 2- Law\n\n§10. UCC\n\nThe suggested laws and standardization of commercial transactions throughout the international commercial community are known as the Uniform Commercial Code, or “UCC”.175 “The UCC was one of many uniform codes that grew out of a late nineteenth- century movement toward uniformity among state laws. By 1967, the District of Columbia and all the states, with the exception of Louisiana, had adopted the UCC in whole or in part. Louisiana eventually adopted all the articles in the UCC except articles 2 and 2A.\n\nThe UCC is divided into nine articles, each containing provisions that relate to a specific area of Commercial Law. \nArticle 1, General Provisions, provides definitions and general principles that apply to the entire code. \nArticle 2 covers the sale of goods. \nArticle 3, Commercial Paper, addresses negotiable instruments, such as promissory notes and checks. \nArticle 4 deals with banks and their handling of checks and other financial documents. \nArticle 5 provides model laws on letters of credit, which are promises by a bank or some other party to pay the purchases of a buyer without delay and without reference to the buyer's financial solvency. \nArticle 6, on bulk transfers, imposes an obligation on buyers who order the major part of the inventory for certain types of businesses. Most notably, article 6 provisions require that such buyers notify creditors of the seller of the inventory so that creditors can take steps to see that the seller pays her debts when she receives payments from the buyer. \nArticle 7 offers rules on the relationships between buyers and sellers and any transporters of goods, called carriers. These rules primarily cover the issuance and transfer of warehouse receipts and bills of lading. A bill of lading is a document showing that the carrier has delivered an item to a buyer. \nArticle 8 contains rules on the issuance and transfer of stocks, bonds, and other investment Securities. \nArticle 9, Secured Transactions, covers security interests in real property. A security interest is a partial or total claim to a piece of property to secure the performance of some obligation, usually the payment of a debt. This article identifies when and how a secured interest may be created and the rights of the creditor to foreclose on the property if the debtor defaults on his obligation. The article also establishes which creditors can collect first from a defaulting debtor. 176\n\nThe [American Law Institute] ALI and the [National Conference of Commissioners on Uniform State Laws] NCCUSL periodically review and revise the UCC. Since the code was originally devised, the House of Delegates of the American Bar Association has approved two additional articles: article 2A on Personal Property leases, and article 4A on fund transfers. Article 2A establishes model rules for the leasing or renting of personal property (as opposed to real property, such as houses and apartments). Article 4A covers transfers of funds from one party to another party through a bank. This article is intended to address the issues that arise with the use of new technologies for handling money.177\n\nMost states have adopted at least some of the provisions in the UCC. The least popular article has been article 6 on bulk transfers. These provisions require the reporting of payments made, which many legislators consider an unnecessary intrusion on commercial relationships.178\n\nUCC §1-103. Construction of [Act] to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law.\n(a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are:\n(1) to simplify, clarify, and modernize the law governing commercial transactions;\n(2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and\n(3) to make uniform the law among the various jurisdictions.\n(b) Unless displaced by the particular provisions of [the Uniform Commercial\nCode], the principles of law and equity, including the law merchant and the law relativeto capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating and invalidating cause supplement its provisions.179\n\nThe constitution allotted congress the ability to pass all laws for the internal regulations of the national government, for the standardization of interstate commerce, and for a uniformed system of the distribution of justice for cases arising in common law, equity and admiralty jurisdictions. Many people are accustomed to the view of absolutism, perhaps through social fashions and customary procedures, and many will comfortably wish to remain within such parameters, but the contextual limitations of power are based solely off of consent and jurisdiction.\n\nUCC 1-308 allots the reservation of rights not specified to the signatory of any contract entered, and can be very important in the sea of commerce.\n\nUniform Commercial Code › U.C.C. - ARTICLE 1 - GENERAL PROVISIONS (2001) › PART 3. TERRITORIAL APPLICABILITY AND GENERAL RULES › § 1-308. Performance or Acceptance Under Reservation of Rights.\n§ 1-308. Performance or Acceptance Under Reservation of Rights.\n(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as \"without prejudice,\" \"under protest,\" or the like are sufficient.\n\n“The general rule is that an unconstitutional statute, whether Federal or State, though having the form and name of law is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the enactment and not merely from the date of the decision so braining it. An unconstitutional law in legal contemplation is as inoperative as if it never had been passed. Such a statute gives a question that it purports to settle just as it would be had the statute not ever been enacted. No repeal of an enactment is necessary, since unconstitutional law is void. The general principles follow that it imposes no duty, confers no rights, creates no office, bestows no power of authority on anyone, affords no protection and justifies no acts performed under it. A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. No one is bound to obey an unconstitutional law. No courts are bound to enforce it. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. A void act cannot be legally inconsistent with a valid one and an unconstitutional law cannot operate to supersede an existing valid law. Indeed, in so far as a statute runs counter to the fundamental law of the land, it is superseded thereby. Since an unconstitutional statute cannot repeal, or in anyway effect an existing one, if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect and where a clause repealing a prior law is inserted in the act, which act is unconstitutional and void, the provision of the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. The general principle stated above applied to the constitution as well as the laws of the several states insofar as they are repugnant to the constitution and laws of the United States.”180\n\n\"Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.\"181\n\n“What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. And what is this liberty which must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not freedom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few; as we have learned to our sorrow.” 182\n\n\"The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury.\"183\n\n\n[175 Further readings: Benfield, Marion W., Jr., and William D. Hawkland. (1992). Sales: Cases and Materials. 3d ed. Westbury, N.Y.: Foundation Press; \"Annual Survey of Commercial Law: The Uniform Commercial Code Survey.\" (2003). Business Lawyer 58 (August). Cooper, Corinne, ed. (2000). The Portable UCC. 3d ed. Chicago: Section of Business Law, American Bar Association; Miller, Frederick H., and Alvin C. Harrell. (2002). The ABCs of the UCC. Related Insolvency Law. Chicago: American Bar Association.\n176 The Portable UCC Fourth Edition (2005)\n177 The Portable UCC Fourth Edition (2005)\n178 West's Encyclopedia of American Law, edition 2 (1997)\n179 The Portable UCC Fourth Edition, (2005), pg. 2, Article 1, Part 1, §1-103\n180 16Am Jur 2., Sec. 256 (1962)\n181 Olmstead v. United States, (1928) 277 U.S. 438\n182 The Spirit of Liberty, by Judge Billings Learned Hand, pg. 190 (1952) \n183 Owen v. City of Independence, 100 S.Ct 1398 (1980)]",
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}jeremiahowenpublished a new post: an-american-perspective-legislative-history2018/01/25 17:22:39
jeremiahowenpublished a new post: an-american-perspective-legislative-history
2018/01/25 17:22:39
| author | jeremiahowen |
| body | Chapter 2- Law §9. Legislative History The legislative history of the United States of America and the several States can be found in various compilations. Bill numbers for earlier laws can most easily be found through the tables in Eugene Nabors, “Legislative Reference Checklist: The Key to Legislative History from 1789-1903 (1983)”. The history and intent of enacted legislation can also be found through the indexes and tables of the Congressional Record and its predecessors, such as is found in The American State Papers, which contain selected committee reports from 1789-1838. Since 1872, congressional debates have been published in the Congressional Record, which appears first on a daily basis, then is recompiled into annual bound volumes at the end of each session of Congress (known as the “permanent,” or “bound” edition). There are separate Bluebook citation formats for the daily and permanent editions of the Congressional Record; researchers should cite to the daily edition only if the material has not yet appeared in the permanent volume. “What individual Senators or Representatives may have urged in debate, in regard to the meaning to be given to a proposed constitutional amendment, or bill, or resolution, does not furnish a firm ground for its proper construction, nor is it important as explanatory of the grounds upon which the members voted in adopting it.” 170 To compile a complete legislative history for a current federal law, it is necessary to locate the documents related to both the creating act and any later amendments. You can trace such history through the Public Law number, its location in the U.S. Statutes at Large, the date of enactment, and the number of the House or Senate Bill that was enacted. A compiled legislative history assembled for selected law by previous researchers can be found in Nancy P. Johnson’s, “Source of Compiled Legislative Histories: A Bibliography of Government Documents, Periodical Articles, and Books”, which includes materials dating back to the 1st Congress. Prior to June 22, 1874, a person looking for the law would have to sort through the Statutes at Large. They are published chronologically and the index is not cumulative. That means that a researcher would have to find the exact volume of Statutes at Large containing the law they were looking for. By 1874, this was as many as 17 volumes to look through for a particular law. In 1875, the Revised Statutes of 1875 were published, organizing the federal statutes into 74 subject titles and was submitted to Congress. The Revised Statutes of 1878 was published in an effort to correct errors present in the first edition. Between 1878 and 1926 there were 27 more volumes added to the Statutes at Large. Finally, in 1926, the United States Code arranged the legislation in the Revised Statutes of 1875 and the legislation found in each volume of the United States Statutes at Large into 50 Titles. This was the first version of the U.S. Code, and all federal legislation of a ‘general and permanent nature’, which is currently in force, is codified in the official U.S. Code (U.S.C.). These codes are published every six years with annual supplements. The language of each Code section is based on the original act that created it and any later laws that amended it. With the advent of increasing technological advancements and rapid data sharing capabilities, we can easily locate any law and the specific wording therein, and dissect each portion of it through word searches. Additionally with the ability to access practically any dictionary or reference material that is available on the subject, we can easily and swiftly gain a clear picture of it and prepare ourselves more effectively. Abundaans cautela non noret. Abundant caution does no harm.171 “But in fact and in law, such statutes are intended to be applied to those who are here as “residents” in this State under the Interstate Commerce Clause of the Federal Constitution and the so called Fourteenth Amendment.”172 “All codes, rules, and regulations are for government authorities only, not human/ creators in accordance with God’s laws. All codes, rules and regulations are unconstitutional and lacking due process...”173 The whole scope of the statutes, known as the U.S. codes, is absolutely dependent upon the granted jurisdiction and authority that was given to it through the Constitution. Title 18 – Crimes and Criminal Procedure Part II – Criminal Procedure Chapter 211 – Jurisdiction and Venue Section 3231. District Courts - The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof. “The United States District Court is not a true United States court established under Article III of the Constitution to administer the judicial power of the United States therein conveyed. It is created by virtue of the sovereign congressional faculty, granted under Article IV, Section 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court.”174 [170 United States v. Trans-Missouri Freight Asso. 166 U.S. 290, 318 , 41 S. L. ed. 1007, 1019, 17 Sup. Ct. Rep. 540, (1897); Dunlap v. United States, 173 U.S. 65, 75 , 43 S. L. ed. 616, 19 Sup. Ct. Rep. 319. (1898) 171 A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other systems of Foreign Law, to which is added Kelhams Dictionary of the Norman and Old French Language by John Bouvier (1856); pg. 116; 11 Coke, 6; Fleta. lib. 1, c. 28 sec. 1 172 U.S. v. United Mine Workers of America, 67 S.Ct. 677, 330 U.S. 258 (1947) 173 Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F.2d 1344, 1348 (1985) 174 Balzac v. Porto Rico, 258 U.S. 298 at 312 (1921), 42 S.Ct. 343, 66 L.Ed. 627] |
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"body": "Chapter 2- Law\n\n§9. Legislative History\n\nThe legislative history of the United States of America and the several States can be found in various compilations. Bill numbers for earlier laws can most easily be found through the tables in Eugene Nabors, “Legislative Reference Checklist: The Key to Legislative History from 1789-1903 (1983)”. The history and intent of enacted legislation can also be found through the indexes and tables of the Congressional Record and its predecessors, such as is found in The American State Papers, which contain selected committee reports from 1789-1838.\n\nSince 1872, congressional debates have been published in the Congressional Record, which appears first on a daily basis, then is recompiled into annual bound volumes at the end of each session of Congress (known as the “permanent,” or “bound” edition). There are separate Bluebook citation formats for the daily and permanent editions of the Congressional Record; researchers should cite to the daily edition only if the material has not yet appeared in the permanent volume.\n\n“What individual Senators or Representatives may have urged in debate, in regard to the meaning to be given to a proposed constitutional amendment, or bill, or resolution, does not furnish a firm ground for its proper construction, nor is it important as explanatory of the grounds upon which the members voted in adopting it.” 170\nTo compile a complete legislative history for a current federal law, it is necessary to locate the documents related to both the creating act and any later amendments. You can trace such history through the Public Law number, its location in the U.S. Statutes at Large, the date of enactment, and the number of the House or Senate Bill that was enacted. A compiled legislative history assembled for selected law by previous researchers can be found in Nancy P. Johnson’s, “Source of Compiled Legislative Histories: A Bibliography of Government Documents, Periodical Articles, and Books”, which includes materials dating back to the 1st Congress.\n\nPrior to June 22, 1874, a person looking for the law would have to sort through the Statutes at Large. They are published chronologically and the index is not cumulative. That means that a researcher would have to find the exact volume of Statutes at Large containing the law they were looking for. By 1874, this was as many as 17 volumes to look through for a particular law. In 1875, the Revised Statutes of 1875 were published, organizing the federal statutes into 74 subject titles and was submitted to Congress. The Revised Statutes of 1878 was published in an effort to correct errors present in the first edition. Between 1878 and 1926 there were 27 more volumes added to the Statutes at Large.\n\nFinally, in 1926, the United States Code arranged the legislation in the Revised Statutes of 1875 and the legislation found in each volume of the United States Statutes at Large into 50 Titles. This was the first version of the U.S. Code, and all federal legislation of a ‘general and permanent nature’, which is currently in force, is codified in the official U.S. Code (U.S.C.). These codes are published every six years with annual supplements. The language of each Code section is based on the original act that created it and any later laws that amended it. With the advent of increasing technological advancements and rapid data sharing capabilities, we can easily locate any law and the specific wording therein, and dissect each portion of it through word searches. Additionally with the ability to access practically any dictionary or reference material that is available on the subject, we can easily and swiftly gain a clear picture of it and prepare ourselves more effectively.\nAbundaans cautela non noret. Abundant caution does no harm.171\n\n“But in fact and in law, such statutes are intended to be applied to those who are here as “residents” in this State under the Interstate Commerce Clause of the Federal Constitution and the so called Fourteenth Amendment.”172\n\n“All codes, rules, and regulations are for government authorities only, not human/ creators in accordance with God’s laws. All codes, rules and regulations are unconstitutional and lacking due process...”173\n\nThe whole scope of the statutes, known as the U.S. codes, is absolutely dependent upon the granted jurisdiction and authority that was given to it through the Constitution.\n\nTitle 18 – Crimes and Criminal Procedure Part II – Criminal Procedure\nChapter 211 – Jurisdiction and Venue Section 3231. District Courts\n- The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.\nNothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.\n\n“The United States District Court is not a true United States court established under Article III of the Constitution to administer the judicial power of the United States therein conveyed. It is created by virtue of the sovereign congressional faculty, granted under Article IV, Section 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court.”174\n\n\n[170 United States v. Trans-Missouri Freight Asso. 166 U.S. 290, 318 , 41 S. L. ed. 1007, 1019, 17 Sup. Ct. Rep. 540, (1897); Dunlap v. United States, 173 U.S. 65, 75 , 43 S. L. ed. 616, 19 Sup. Ct. Rep. 319. (1898)\n171 A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other systems of Foreign Law, to which is added Kelhams Dictionary of the Norman and Old French Language by John Bouvier (1856); pg. 116; 11 Coke, 6; Fleta. lib. 1, c. 28 sec. 1\n172 U.S. v. United Mine Workers of America, 67 S.Ct. 677, 330 U.S. 258 (1947)\n173 Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F.2d 1344, 1348 (1985)\n174 Balzac v. Porto Rico, 258 U.S. 298 at 312 (1921), 42 S.Ct. 343, 66 L.Ed. 627]",
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}jeremiahowenpublished a new post: an-american-perspective-inns-of-court2018/01/25 17:15:57
jeremiahowenpublished a new post: an-american-perspective-inns-of-court
2018/01/25 17:15:57
| author | jeremiahowen |
| body | Chapter 2- Law §8. Inns of Court “If thou rulest well, thou must rule for God, and to do that, thou must be ruled by him. Those who will not be governed by God will be ruled by tyrants.” 159 The Inns of Court in London were, in those pre-Revolutionary War days, the seat of English legal education for the colonies.160 Inns of Court- The name given to the colleges of the English professors and students of the common law. (2) The four principal Inns of Court are the Inner Temple and Middle Temple, (formerly belonging to the Knight’s Templars) Lincoln’s In, and Gray’s Inn, (anciently belonging to the earls of Lincoln and Gray.) The other inns are the two Sergeants’ Inns. The Inns of Chancery were probably so called because they were once inhabited by such clerks, as chiefly studied the forming of writs, which regularly belonged to the curators, who are officers of chancery. These are Thavie’s Inn, Clifford’s Inn, Staple’s Inn, Lion’s Inn, Furnival’s Inn and Barnard’s Inn. Before being called to the bar, it is necessary to be admitted to one of the Inns of Court.161 Inns of Court - These are certain private unincorporated associations, in the nature of collegiate houses, located in London, and invested with the exclusive privilege of calling men to the bar; that is, conferring the rank or degree of a barrister. They were founded probably about the beginning of the fourteenth century. The principal inns of court are the Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. (The two former originally belonged to the Knights Templar; the two latter to the earls of Lincoln and Gray respectively.) These bodies now have a "common council of legal education," for giving lectures and holding examinations. The inns of chancery, distinguishable from the foregoing, but generally classed with them under the general name, are the buildings known as "Clifford's Inn," "Clement's Inn," "New Inn," "Staples' Inn," and "Barnard's Inn." They were formerly a sort of collegiate houses in which law students learned the elements of law before being admitted into the inns of court, but they have long ceased to occupy that position. The Inns of Court (governed by officers called "Benches") hold the exclusive privilege of conferring the degree of barrister-at- law which is required to practice as an advocate or counsel in the superior courts.162 A legal education at the Inns did not necessarily make a man a Tory; quite the contrary, the constitutionalism of Sir Edward Coke was enshrined there, and of him Thomas Jefferson once wrote, “In the selection of our Law Professor, we must be rigorously attentive to his political principles. You will recollect that before the Revolution, Coke Littleton was the universal elementary book of law students, and a sounder Whig never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what were called British liberties”.163 With the constitutionalism in which the Whigs echoed from Coke’s teachings from nearly a century before the American Revolution, also came the pride of the codified “toryism” of Sir William Blackstone and the mix of constitutional liberties and rigorous governmental regulations. The decay of Sir Edward Coke’s constitutional principles in the American legal discipline through Sir William Blackstone and other forms of cultural fashion in the decades following the Revolution was also well noted by Thomas Jefferson. “You remember also that our lawyers were then all Whigs. But when his [Sir Edward Coke’s] black-letter text, and uncouth, but cunning learning got out of fashion, and the honeyed Mansfieldism of Blackstone became the students' hornbook, from that moment, that profession (the nursery of our Congress) began to slide into toryism, and nearly all the young brood of lawyers now are of that hue. They suppose themselves, indeed, to be Whigs, because they no longer know what Whigism or republicanism means. It is in our seminary that that vestal flame is to be kept alive; it is thence to spread anew over our own and the sister States.” 164 The lawyers trained in the Inns of Court gained fame within the halls of the Continental Congress as well. John Dickinson was one of the early intellectual leaders of resistance to British oppression. Dubbed the “Penman of the Revolution,” he had a profound impact on the colonists when he authored the Declaration of Rights and Grievances (1765) of the “Stamp Act” for the Continental Congress, as well as the Letters from a Farmer in Pennsylvania (1767-1768), which condemned British oppression in the years leading up to the American Revolution. Peyton Randolph of Virginia was President of the First Continental Congress. John Blair of Virginia was afterward an Associate Justice of the United States Supreme Court. John Rutledge of South Carolina was Chief Justice of the United States in 1795. Judge William Henry Drayton of South Carolina was an Inns man who was fired from his royal judgeship for writing a constitutional defense of the American position, restored to the bench when the royal government collapsed and a new state constitution was written in March, 1776.165 Edward Coke, who lived from 1552 until 1634, was a “fundamental common law” advocate. He argued that the common law and the constitution measured the king’s prerogative, and as Chief Justice he had looked King James I in the eye and told him so.166 “A consequence of this prerogative is the legal ubiquity of the king. His majesty in the eye of the law is always present in all his courts, though he cannot personally distribute justice.”167 “His judges are the mirror by which the king’s image is reflected.”168 “If then it be true that the sovereignty of the nation is in the people of the nation, and the residuary sovereignty of each State in the people of each State, it may be useful to compare these sovereignties with those in Europe, that we may thence be enabled to judge whether all the prerogatives which are allowed to the latter are so essential to the former. There is reason to suspect that some of the difficulties which embarrass the present question arise from inattention to differences which subsist between them. It will be sufficient to observe briefly that the sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the Prince as the sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority, and from his grace and grant derives all franchises, immunities and privileges; it is easy to perceive that such a sovereign could not be amenable to a court of justice, or subjected to judicial controul and actual constraint.” “It was of necessity, therefore, that suability became incompatible with such sovereignty. Besides, the Prince having all the Executive powers, the judgment of the courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the Prince and the subject. No such ideas obtain here; at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects ... and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.” “From the differences existing between feudal sovereignties and governments founded on compacts, it necessarily follows that their respective prerogatives must differ. Sovereignty is the right to govern; a nation or State sovereign is the person or persons in whom that resides. In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns. Their Princes have personal powers, dignities, and preeminences; our rulers have none but official; nor do they partake in the sovereignty otherwise, or in any other capacity, than as private citizens.”169 [ 159 William Penn, From a letter to Peter the Great, Tsar of Russia (circa 1698); as quoted in Can These Bones Live (2008), by David P., Pett, p. 117 160 Marquette Law Review – The Colonial Bar and the American Revolution by Robert F. Boden (1976) Vol. 60, No.1, pg. 3 161 A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other systems of Foreign Law, to which is added Kelhams Dictionary of the Norman and Old French Language by John Bouvier (1856); pg. 639 162 Blacks’ Law Dictionary, 5th Edition, pg. 709 (1979) 163 Letter to James Madison from Thomas Jefferson, Monticello (February 17, 1826) 164 Letter to James Madison from Thomas Jefferson, Monticello (February 17, 1826) 165 5 AMERICAN ARCHIVE: A Documentary History of the English Colonies in North America 1026 (P. Force ed., ser. 4, 1844) 166 The incident occurred on November 13, 1608, and is discussed at length in C. D. Bowen, THE LION AND THE THRONE 291 et seq. (1957). The controversy was a complex one, involving ultimately the question of whether the king was above or under the law. James became enraged to hear that he was under the law and called it treason to hold that doctrine. To this the Lord Chief Justice replied, “that Bracton [the great 13th century judge and ‘father of the common law’] saith, Quod Rex non debet esse sub homine, sed sub Deo et Lege – that the King should not be under man, but under God and the Laws.” He was nearly commited to the Tower for this restatement of orthodox British constitutional law dating to the time of Magna Carta. Id., at 305. Two years later, in the Case of Proclamations, 12 Coke 74, 77 Eng. Rep. 1352 (1610), he had a chance to rule that the king had no power to make laws except with the concurrence of Parliament. James swallowed the bitter pill. 167 Fortescue c. 8, 2Inst.186 168 1 Blackstone’s Commentaries, 270, Chapter 7, section 379 169 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 471 - 472 |
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"body": "Chapter 2- Law\n\n§8. Inns of Court\n\n“If thou rulest well, thou must rule for God, and to do that, thou must be ruled by him. Those who will not be governed by God will be ruled by tyrants.” 159\n\nThe Inns of Court in London were, in those pre-Revolutionary War days, the seat of English legal education for the colonies.160\n\nInns of Court- The name given to the colleges of the English professors and students of the common law. (2) The four principal Inns of Court are the Inner Temple and Middle Temple, (formerly belonging to the Knight’s Templars) Lincoln’s In, and Gray’s Inn, (anciently belonging to the earls of Lincoln and Gray.) The other inns are the two Sergeants’ Inns. The Inns of Chancery were probably so called because they were once inhabited by such clerks, as chiefly studied the forming of writs, which regularly belonged to the curators, who are officers of chancery. These are Thavie’s Inn, Clifford’s Inn, Staple’s Inn, Lion’s Inn, Furnival’s Inn and Barnard’s Inn. Before being called to the bar, it is necessary to be admitted to one of the Inns of Court.161\n\nInns of Court - These are certain private unincorporated associations, in the nature of collegiate houses, located in London, and invested with the exclusive privilege of calling men to the bar; that is, conferring the rank or degree of a barrister. They were founded probably about the beginning of the fourteenth century. The principal\ninns of court are the Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. (The two former originally belonged to the Knights Templar; the two latter to the earls of Lincoln and Gray respectively.) These bodies now have a \"common council of legal education,\" for giving lectures and holding examinations. The inns of chancery, distinguishable from the foregoing, but generally classed with them under the general name, are the buildings known as \"Clifford's Inn,\" \"Clement's Inn,\" \"New Inn,\" \"Staples' Inn,\" and \"Barnard's Inn.\" They were formerly a sort of collegiate houses in which law students learned the elements of law before being admitted into the inns of court, but they have long ceased to occupy that position. The Inns of Court (governed by officers called \"Benches\") hold the exclusive privilege of conferring the degree of barrister-at- law which is required to practice as an advocate or counsel in the superior courts.162\n\nA legal education at the Inns did not necessarily make a man a Tory; quite the contrary, the constitutionalism of Sir Edward Coke was enshrined there, and of him Thomas Jefferson once wrote, “In the selection of our Law Professor, we must be rigorously attentive to his political principles. You will recollect that before the Revolution, Coke Littleton was the universal elementary book of law students, and a sounder Whig never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what were called British liberties”.163\n\nWith the constitutionalism in which the Whigs echoed from Coke’s teachings from nearly a century before the American Revolution, also came the pride of the codified “toryism” of Sir William Blackstone and the mix of constitutional liberties and rigorous governmental regulations. The decay of Sir Edward Coke’s constitutional principles in the American legal discipline through Sir William Blackstone and other forms of cultural fashion in the decades following the Revolution was also well noted by Thomas Jefferson.\n\n“You remember also that our lawyers were then all Whigs. But when his [Sir Edward Coke’s] black-letter text, and uncouth, but cunning learning got out of fashion, and the honeyed Mansfieldism of Blackstone became the students' hornbook, from that moment, that profession (the nursery of our Congress) began to slide into toryism, and nearly all the young brood of lawyers now are of that hue. They suppose themselves, indeed, to be Whigs, because they no longer know what Whigism or republicanism means. It is in our seminary that that vestal flame is to be kept alive; it is thence to spread anew over our own and the sister States.” 164\n\nThe lawyers trained in the Inns of Court gained fame within the halls of the Continental Congress as well. John Dickinson was one of the early intellectual leaders of resistance to British oppression. Dubbed the “Penman of the Revolution,” he had a profound impact on the colonists when he authored the Declaration of Rights and Grievances (1765) of the “Stamp Act” for the Continental Congress, as well as the Letters from a Farmer in Pennsylvania (1767-1768), which condemned British oppression in the years leading up to the American Revolution. Peyton Randolph of Virginia was President of the First Continental Congress. John Blair of Virginia was afterward an Associate Justice of the United States Supreme Court. John Rutledge of South Carolina was Chief Justice of the United States in 1795. Judge William Henry Drayton of South Carolina was an Inns man who was fired from his royal judgeship for writing a constitutional defense of the American position, restored to the bench when the royal government collapsed and a new state constitution was written in March, 1776.165\n\nEdward Coke, who lived from 1552 until 1634, was a “fundamental common law” advocate. He argued that the common law and the constitution measured the king’s prerogative, and as Chief Justice he had looked King James I in the eye and told him so.166\n\n“A consequence of this prerogative is the legal ubiquity of the king. His majesty in the eye of the law is always present in all his courts, though he cannot personally distribute justice.”167\n\n“His judges are the mirror by which the king’s image is reflected.”168\n\n“If then it be true that the sovereignty of the nation is in the people of the nation, and the residuary sovereignty of each State in the people of each State, it may be useful to compare these sovereignties with those in Europe, that we may thence be enabled to judge whether all the prerogatives which are allowed to the latter are so essential to the former. There is reason to suspect that some of the difficulties which embarrass the present question arise from inattention to differences which subsist between them.\nIt will be sufficient to observe briefly that the sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the Prince as the sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority, and from his grace and grant derives all franchises, immunities and privileges; it is easy to perceive that such a sovereign could not be amenable to a court of justice, or subjected to judicial controul and actual constraint.”\n“It was of necessity, therefore, that suability became incompatible with such sovereignty. Besides, the Prince having all the Executive powers, the judgment of the courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the Prince and the subject. No such ideas obtain here; at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects ... and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.”\n“From the differences existing between feudal sovereignties and governments founded on compacts, it necessarily follows that their respective prerogatives must differ. Sovereignty is the right to govern; a nation or State sovereign is the person or persons in whom that resides. In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns. Their Princes have personal powers, dignities, and preeminences; our rulers have none but official; nor do they partake in the sovereignty otherwise, or in any other capacity, than as private citizens.”169\n\n[\n159 William Penn, From a letter to Peter the Great, Tsar of Russia (circa 1698); as quoted in Can These Bones Live (2008), by David P., Pett, p. 117\n160 Marquette Law Review – The Colonial Bar and the American Revolution by Robert F. Boden (1976) Vol. 60, No.1, pg. 3\n161 A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other systems of Foreign Law, to which is added Kelhams Dictionary of the Norman and Old French Language by John Bouvier (1856); pg. 639\n162 Blacks’ Law Dictionary, 5th Edition, pg. 709 (1979)\n163 Letter to James Madison from Thomas Jefferson, Monticello (February 17, 1826) \n164 Letter to James Madison from Thomas Jefferson, Monticello (February 17, 1826)\n165 5 AMERICAN ARCHIVE: A Documentary History of the English Colonies in North America 1026 (P. Force ed., ser. 4, 1844)\n166 The incident occurred on November 13, 1608, and is discussed at length in C. D. Bowen, THE LION AND THE THRONE 291 et seq. (1957). The controversy was a complex one, involving ultimately the question of whether the king was above or under the law. James became enraged to hear that he was under the law and called it treason to hold that doctrine. To this the Lord Chief Justice replied, “that Bracton [the great 13th century judge and ‘father of the common law’] saith, Quod Rex non debet esse sub homine, sed sub Deo et Lege – that the King should not be under man, but under God and the Laws.” He was nearly commited to the Tower for this restatement of orthodox British constitutional law dating to the time of Magna Carta. Id., at 305. Two years later, in the Case of Proclamations, 12 Coke 74, 77 Eng. Rep. 1352 (1610), he had a chance to rule that the king had no power to make laws except with the concurrence of Parliament. James swallowed the bitter pill.\n167 Fortescue c. 8, 2Inst.186\n168 1 Blackstone’s Commentaries, 270, Chapter 7, section 379\n169 Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @SLL (1793), p. 2 U.S. 471 - 472",
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}dmitonupvoted (1.00%) @jeremiahowen / a-rainy-day-in-the-park-acrylic-on-canvas2018/01/23 00:45:18
dmitonupvoted (1.00%) @jeremiahowen / a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/23 00:45:18
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}jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas2018/01/23 00:13:12
jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/23 00:13:12
| author | jeremiahowen |
| body |  Its amazing what memories and feelings a few groups of colors can bring! To me, the depths of greens and the mirrored walkway outlined with the black shadows of the trees brings almost an Americana feeling. I guess the only way I can truly frame it is that this painting makes me feel like how New York City makes me feel; hopeful, matured, weathered, classy, chaotic.. My goal was to create an inviting abstract setting that captured the essences of the park in the springtime, after a calming rain. I had allot of fun creating the various greens that were used in this painting, and even made a few greens by mixing cadmium yellow with black! Here's the finished piece!   |
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}dammyzeeupvoted (100.00%) @jeremiahowen / an-american-perspective-magna-carta2018/01/22 13:55:12
dammyzeeupvoted (100.00%) @jeremiahowen / an-american-perspective-magna-carta
2018/01/22 13:55:12
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}larafisunupvoted (100.00%) @jeremiahowen / an-american-perspective-the-american-revolution2018/01/22 08:24:42
larafisunupvoted (100.00%) @jeremiahowen / an-american-perspective-the-american-revolution
2018/01/22 08:24:42
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}romaloupvoted (100.00%) @jeremiahowen / an-american-perspective-democracy2018/01/22 07:17:24
romaloupvoted (100.00%) @jeremiahowen / an-american-perspective-democracy
2018/01/22 07:17:24
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}kdneeleyupvoted (100.00%) @jeremiahowen / a-rainy-day-in-the-park-acrylic-on-canvas2018/01/22 02:15:45
kdneeleyupvoted (100.00%) @jeremiahowen / a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/22 02:15:45
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2018/01/22 01:26:42
| author | jeremiahowen |
| body | The references were supplied, as I used the same exact reference that Marquette law used while copying C. D. Bowen, the reference. Great feature though. |
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}jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas2018/01/22 01:24:18
jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/22 01:24:18
| author | jeremiahowen |
| body | @@ -234,24 +234,28 @@ tlined with +the black shadow @@ -259,16 +259,20 @@ dows of +the trees br |
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}jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas2018/01/22 01:22:42
jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/22 01:22:42
| author | jeremiahowen |
| body |  Its amazing what memories and feelings a few groups of colors can bring! To me, the depths of greens and the mirrored walkway outlined with black shadows of trees brings almost an Americana feeling. I guess the only way I can truly frame it is that this painting makes me feel like how New York City makes me feel; hopeful, matured, weathered, classy, chaotic.. My goal was to create an inviting abstract setting that captured the essences of the park in the springtime, after a calming rain. I had allot of fun creating the various greens that were used in this painting, and even made a few greens by mixing cadmium yellow with black! Here's the finished piece!   |
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}jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas2018/01/22 01:20:45
jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/22 01:20:45
| author | jeremiahowen |
| body | @@ -137,16 +137,22 @@ eelings +a few groups o @@ -298,17 +298,16 @@ eling. %0A -%0A I guess @@ -348,17 +348,17 @@ is that -T +t his pain |
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jeremiahowenpublished a new post: a-rainy-day-in-the-park-acrylic-on-canvas
2018/01/22 01:19:51
| author | jeremiahowen |
| body |  Its amazing what memories and feelings groups of colors can bring! To me, the depths of greens and the mirrored walkway outlined with black shadows of trees brings almost an Americana feeling. I guess the only way I can truly frame it is that This painting makes me feel like how New York City makes me feel; hopeful, matured, weathered, classy, chaotic.. My goal was to create an inviting abstract setting that captured the essences of the park in the springtime, after a calming rain. I had allot of fun creating the various greens that were used in this painting, and even made a few greens by mixing cadmium yellow with black! Here's the finished piece!   |
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}jeremiahowenpublished a new post: acrylic-painting-process-of-new-york-city-central-park-on-index-card2018/01/22 01:05:24
jeremiahowenpublished a new post: acrylic-painting-process-of-new-york-city-central-park-on-index-card
2018/01/22 01:05:24
| author | jeremiahowen |
| body | This painting is referenced form a picture I took while in Central Park, New York City.  I first began by taping out the edges of the index card to a surface and coating it with a layer of gesso. I then start by building the lower layer of the picture.  I then added in the background of the foliage and trees to build depth and local colors.  I added in a little more detail in the branches and canopy and then put in a railing along the bottom of the picture.  I then added a few subjects into the middle of the frame.  And here's the finished work.  I like the looseness of the brushstrokes and the depth of such a small and simple painting. Thanks for viewing! |
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}jeremiahowenpublished a new post: an-american-perspective-the-american-revolution2018/01/21 22:43:51
jeremiahowenpublished a new post: an-american-perspective-the-american-revolution
2018/01/21 22:43:51
| author | jeremiahowen |
| body | @@ -976,327 +976,8 @@ 57%0A%0A -The years 1760 through 1776 gave the American Revolution its peculiar and particular character, stamped it as something so different from other revolutions known to history, that not even a bloody and desperate struggle for six long years could divert it from its course. It began as a Revolution for the Rule of Law.%0A%0A %E2%80%9CNot |
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2018/01/21 22:41:12
| author | cheetah |
| body | Hi! I am a robot. I just upvoted you! I found similar content that readers might be interested in: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=2152&context=mulr |
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}cheetahupvoted (0.08%) @jeremiahowen / an-american-perspective-the-american-revolution2018/01/21 22:41:06
cheetahupvoted (0.08%) @jeremiahowen / an-american-perspective-the-american-revolution
2018/01/21 22:41:06
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}jeremiahowenpublished a new post: an-american-perspective-the-american-revolution2018/01/21 22:40:57
jeremiahowenpublished a new post: an-american-perspective-the-american-revolution
2018/01/21 22:40:57
| author | jeremiahowen |
| body | Chapter 2- Law §7. The American Revolution The American Revolution can be determined to have two courses of action. The Revolution, as distinguished from the Revolutionary War, was the series of events by which the British Empire came to an end in the thirteen colonies, which became the United States. It began, John Adams thought156, on February 24, 1761, in a Boston courtroom, and it ended on July 4, 1776, when the final draft of the Declaration of Independence was adopted in the Continental Congress at Philadelphia. After that it was left to the fortunes of war to decide if the American colonists would enjoy the fruits of their Revolution. “What do we mean by the revolution? The war with Britain? That was no part of the revolution; it was only the effect and consequence of it. The revolution was in the minds and hearts of the people, and this was effected from 1760 to 1775, in the course of fifteen years, before a drop of blood was spilled at Lexington.” 157 The years 1760 through 1776 gave the American Revolution its peculiar and particular character, stamped it as something so different from other revolutions known to history, that not even a bloody and desperate struggle for six long years could divert it from its course. It began as a Revolution for the Rule of Law. “Nothing is so important as that America shall separate herself from the system of Europe, and establish one of her own – Our circumstances, our pursuits, are distinct, the principles of our policies should be so also. All entanglements with that quarter of the globe should be avoided that peace and justice shall be the polar stars of American societies.” 158 [156 Quoted in C. D. Bowen, JOHN ADAMS AND THE AMERICAN REVOLUTION xiv (1949) 157 Quoted in C. D. Bowen, JOHN ADAMS AND THE AMERICAN REVOLUTION xiv (1949) 158 Jefferson, Thomas, Writings (1950) New York: Coward McCann ] |
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"body": "Chapter 2- Law\n\n§7. The American Revolution\n\nThe American Revolution can be determined to have two courses of action. The Revolution, as distinguished from the Revolutionary War, was the series of events by which the British Empire came to an end in the thirteen colonies, which became the United States. It began, John Adams thought156, on February 24, 1761, in a Boston courtroom, and it ended on July 4, 1776, when the final draft of the Declaration of Independence was adopted in the Continental Congress at Philadelphia. After that it was left to the fortunes of war to decide if the American colonists would enjoy the fruits of their Revolution.\n\n“What do we mean by the revolution? The war with Britain? That was no part of the revolution; it was only the effect and consequence of it. The revolution was in the minds and hearts of the people, and this was effected from 1760 to 1775, in the course of fifteen years, before a drop of blood was spilled at Lexington.” 157\n\nThe years 1760 through 1776 gave the American Revolution its peculiar and particular character, stamped it as something so different from other revolutions known to history, that not even a bloody and desperate struggle for six long years could divert it from its course. It began as a Revolution for the Rule of Law.\n\n“Nothing is so important as that America shall separate herself from the system of Europe, and establish one of her own – Our circumstances, our pursuits, are distinct, the principles of our policies should be so also. All entanglements with that quarter of the globe should be avoided that peace and justice shall be the polar stars of American societies.” 158\n\n\n[156 Quoted in C. D. Bowen, JOHN ADAMS AND THE AMERICAN REVOLUTION xiv (1949) \n157 Quoted in C. D. Bowen, JOHN ADAMS AND THE AMERICAN REVOLUTION xiv (1949) \n158 Jefferson, Thomas, Writings (1950) New York: Coward McCann ]",
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